[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3990 Reported in House (RH)]

                                                 Union Calendar No. 321
112th CONGRESS
  2d Session
                                H. R. 3990

                      [Report No. 112-459, Part I]

To encourage effective teachers in the classrooms of the United States 
       and innovative education programs in our Nation's schools.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2012

 Mr. Kline (for himself, Mr. Hunter, Mr. Roe of Tennessee, Mr. Petri, 
Mr. Wilson of South Carolina, Mr. DesJarlais, Mrs. Noem, Mrs. Roby, and 
  Mr. Heck) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committees on Armed Services and Financial Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                             April 27, 2012

            Additional sponsors: Mr. Kelly and Mr. Barletta

                             April 27, 2012

  Reported from the Committee on Education and the Workforce with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             April 27, 2012

  The Committees on Armed Services and Financial Services discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 9, 2012]


_______________________________________________________________________

                                 A BILL


 
To encourage effective teachers in the classrooms of the United States 
       and innovative education programs in our Nation's schools.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Encouraging Innovation and Effective 
Teachers Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Authorization of appropriations.

             TITLE I--TEACHER PREPARATION AND EFFECTIVENESS

Sec. 101. Teacher preparation and effectiveness.
Sec. 102. Conforming repeals.

          TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

Sec. 201. Parental engagement and local flexibility.

                         TITLE III--IMPACT AID

Sec. 301. Purpose.
Sec. 302. Payments relating to Federal acquisition of real property.
Sec. 303. Payments for eligible federally connected children.
Sec. 304. Policies and procedures relating to children residing on 
                            Indian lands.
Sec. 305. Application for payments under sections 8002 and 8003.
Sec. 306. Construction.
Sec. 307. Facilities.
Sec. 308. State consideration of payments providing State aid.
Sec. 309. Federal administration.
Sec. 310. Administrative hearings and judicial review.
Sec. 311. Definitions.
Sec. 312. Authorization of appropriations.
Sec. 313. Conforming amendments.

                  TITLE IV--TROOPS-TO-TEACHERS PROGRAM

Sec. 401. Troops-to-teachers program.

                            TITLE V--REPEAL

Sec. 501. Repeal of title VI.

                      TITLE VI--HOMELESS EDUCATION

Sec. 601. Statement of policy.
Sec. 602. Grants for State and local activities for the education of 
                            homeless children and youths.
Sec. 603. Local educational agency subgrants for the education of 
                            homeless children and youths.
Sec. 604. Secretarial responsibilities.
Sec. 605. Definitions.
Sec. 606. Authorization of appropriations.

SEC. 3. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 4. TRANSITION.

    Unless otherwise provided in this Act, any person or agency that 
was awarded a grant under the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of 
this Act shall continue to receive funds in accordance with the terms 
of such award, except that funds for such award may not continue more 
than one year after the date of the enactment of this Act.

SEC. 5. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided in this Act, this 
Act, and the amendments made by this Act, shall be effective upon the 
date of enactment of this Act.
    (b) Noncompetitive Programs.--With respect to noncompetitive 
programs under which any funds are allotted by the Secretary of 
Education to recipients on the basis of a formula, this Act, and the 
amendments made by this Act, shall take effect on July 1, 2012.
    (c) Competitive Programs.--With respect to programs that are 
conducted by the Secretary on a competitive basis, this Act, and the 
amendments made by this Act, shall take effect with respect to 
appropriations for use under those programs for fiscal year 2013.
    (d) Impact Aid.--With respect to title IV of the Act (20 U.S.C. 
7701 et seq.) (Impact Aid), this Act, and the amendments made by this 
Act, shall take effect with respect to appropriations for use under 
that title for fiscal year 2013.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    The Act (20 U.S.C. 6301 et seq.) is amended by inserting after 
section 2 the following:

``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) Title II.--There are authorized to be appropriated to carry 
out title II $2,988,070,000 for fiscal year 2013.
    ``(b) Title III.--
            ``(1) Part a.--
                    ``(A) Subpart 1.--There are authorized to be 
                appropriated to carry out subpart 1 of part A of title 
                III $300,000,000 for fiscal year 2013.
                    ``(B) Subpart 2.--There are authorized to be 
                appropriated to carry out subpart 2 of part A of title 
                III $99,611,000 for fiscal year 2013.
                    ``(C) Subpart 3.--There are authorized to be 
                appropriated to carry out subpart 3 of part A of title 
                III $25,000,000 for fiscal year 2013.
            ``(2) Part b.--There are authorized to be appropriated to 
        carry out part B of title III $2,677,476,000 for fiscal year 
        2013.
    ``(c) Title IV.--
            ``(1) Payments for federal acquisition of real property.--
        For the purpose of making payments under section 4002, there 
        are authorized to be appropriated $66,947,000 for fiscal year 
        2013.
            ``(2) Basic payments; payments for heavily impacted local 
        educational agencies.--For the purpose of making payments under 
        section 4003(b), there are authorized to be appropriated 
        $1,153,540,000 for fiscal year 2013.
            ``(3) Payments for children with disabilities.--For the 
        purpose of making payments under section 4003(d), there are 
        authorized to be appropriated $48,413,000 for fiscal year 2013.
            ``(4) Construction.--For the purpose of carrying out 
        section 4007, there are authorized to be appropriated 
        $17,441,000 for fiscal year 2013.
            ``(5) Facilities maintenance.--For the purpose of carrying 
        out section 4008, there are authorized to be appropriated 
        $4,845,000 for fiscal year 2013.
    ``(d) Out Years.--The amounts authorized in subsections (a), (b), 
and (c) shall be increased for each of fiscal years 2014 through 2018 
by a percentage equal to the percentage of inflation according to the 
Consumer Price Index, for the calendar year ending prior to the 
beginning of that fiscal year.''.

             TITLE I--TEACHER PREPARATION AND EFFECTIVENESS

SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS.

    (a) Heading.--The title heading for title II (20 U.S.C. 6601 et 
seq.) is amended to read as follows:

          ``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.

    (b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is amended 
to read as follows:

               ``PART A--SUPPORTING EFFECTIVE INSTRUCTION

``SEC. 2101. PURPOSE.

    ``The purpose of this part is to provide grants to State 
educational agencies and subgrants to local educational agencies to--
            ``(1) increase student achievement consistent with State 
        academic standards under section 1111;
            ``(2) improve teacher and school leader effectiveness;
            ``(3) provide evidence-based, continuous, job-embedded 
        professional development; and
            ``(4) develop and implement teacher evaluation systems to 
        link teacher performance with student achievement to determine 
        teacher effectiveness.

                     ``Subpart 1--Grants to States

``SEC. 2111. ALLOTMENTS TO STATES.

    ``(a) In General.--Of the amounts appropriated under section 3(a), 
the Secretary shall reserve 75 percent to make grants to States with 
applications approved under section 2112 to pay for the Federal share 
of the cost of carrying out the activities specified in section 2113. 
Each grant shall consist of the allotment determined for a State under 
subsection (b).
    ``(b) Determination of Allotments.--
            ``(1) Reservation of funds.--Of the amount reserved under 
        subsection (a) for a fiscal year, the Secretary shall reserve--
                    ``(A) not more than 1 percent to carry out national 
                activities under section 2132;
                    ``(B) one-half of 1 percent for allotments to 
                outlying areas on the basis of their relative need, as 
                determined by the Secretary, in accordance with the 
                purpose of this part; and
                    ``(C) one-half of 1 percent for the Secretary of 
                the Interior for programs under this part in schools 
                operated or funded by the Bureau of Indian Education.
            ``(2) State allotments.--
                    ``(A) In general.--Subject to subparagraph (B), 
                from the funds reserved under subsection (a) for any 
                fiscal year and not reserved under paragraph (1), the 
                Secretary shall allot to each State the sum of--
                            ``(i) an amount that bears the same 
                        relationship to 50 percent of the funds as the 
                        number of individuals age 5 through 17 in the 
                        State, as determined by the Secretary on the 
                        basis of the most recent satisfactory data, 
                        bears to the number of those individuals in all 
                        such States, as so determined; and
                            ``(ii) an amount that bears the same 
                        relationship to 50 percent of the funds as the 
                        number of individuals age 5 through 17 from 
                        families with incomes below the poverty line in 
                        the State, as determined by the Secretary on 
                        the basis of the most recent satisfactory data, 
                        bears to the number of those individuals in all 
                        such States, as so determined.
                    ``(B) Small state minimum.--No State receiving an 
                allotment under subparagraph (A) may receive less than 
                one-half of 1 percent of the total amount of funds 
                allotted under such subparagraph for a fiscal year.
    ``(c) Alternate Distribution of Funds.--
            ``(1) In general.--Subject to paragraphs (2) through (5), 
        if a State does not apply to the Secretary for an allotment 
        under this section, a local educational agency located in such 
        State may apply to the Secretary for a portion of the funds 
        that would have been allotted to the State had such State 
        applied for an allotment under this section to carry out the 
        activities under this part.
            ``(2) Application.--In order to receive an allotment under 
        paragraph (1), a local educational agency shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing the information described in section 2122.
            ``(3) Use of funds.--A local educational agency receiving 
        an allotment under paragraph (1)--
                    ``(A) shall use such funds to carry out the 
                activities described in section 2123(1); and
                    ``(B) may use such funds to carry out the 
                activities described in section 2123(2).
            ``(4) Reporting requirements.--A local educational agency 
        receiving an allotment under paragraph (1) shall carry out the 
        reporting requirements described in section 2131(a), except 
        that annual reports shall be submitted to the Secretary and not 
        a State educational agency.
            ``(5) Amount of allotment.--An allotment made to a local 
        educational agency under paragraph (1) for a fiscal year shall 
        be equal to the amount of subgrant funds that the local 
        educational agency would have received under subpart 2 had such 
        agency applied for a subgrant under such subpart for such 
        fiscal year.
    ``(d) Reallotment.--If a State does not apply for an allotment 
under this section for any fiscal year or only a portion of the State's 
allotment is allotted under subsection (c), the Secretary shall reallot 
the State's entire allotment or the remaining portion of its allotment, 
as the case may be, to the remaining States in accordance with 
subsection (b).

``SEC. 2112. STATE APPLICATION.

    ``(a) In General.--For a State to be eligible to receive a grant 
under this subpart, the State educational agency shall submit an 
application to the Secretary at such time and in such a manner as the 
Secretary may reasonably require, which shall include the following:
            ``(1) A description of how the State educational agency 
        will meet the requirements of this subpart.
            ``(2) A description of how the State educational agency 
        will use a grant received under section 2111, including the 
        grant funds the State will reserve for State-level activities 
        under section 2113(a)(2).
            ``(3) A description of how the State educational agency 
        will facilitate the sharing of evidence-based and other 
        effective strategies among local educational agencies.
            ``(4) In the case of a State educational agency that is not 
        developing or implementing a statewide teacher evaluation 
        system, a description of how the State educational agency will 
        ensure that each local educational agency in the State 
        receiving a subgrant under subpart 2 will implement a teacher 
        evaluation system that meets the requirements of clauses (i) 
        through (v) of section 2123(1)(A).
            ``(5) In the case of a State educational agency that is 
        developing or implementing a statewide teacher evaluation 
        system--
                    ``(A) a description of how the State educational 
                agency will work with local educational agencies in the 
                State to implement the statewide teacher evaluation 
                system within 3 years of the date of enactment of the 
                Encouraging Innovation and Effective Teachers Act; and
                    ``(B) an assurance that the statewide teacher 
                evaluation system complies with clauses (i) through (v) 
                of section 2123(1)(A).
            ``(6) An assurance that the State educational agency will 
        comply with section 5501 (regarding participation by private 
        school children and teachers).
    ``(b) Deemed Approval.--An application submitted by a State 
educational agency under subsection (a) shall be deemed to be approved 
by the Secretary unless the Secretary makes a written determination, 
prior to the expiration of the 120-day period beginning on the date on 
which the Secretary received the application, that the application is 
not in compliance with this subpart.
    ``(c) Disapproval.--The Secretary shall not finally disapprove an 
application, except after giving the State educational agency notice 
and an opportunity for a hearing.
    ``(d) Notification.--If the Secretary finds that an application is 
not in compliance, in whole or in part, with this subpart, the 
Secretary shall--
            ``(1) give the State educational agency notice and an 
        opportunity for a hearing; and
            ``(2) notify the State educational agency of the finding of 
        noncompliance and, in such notification, shall--
                    ``(A) cite the specific provisions in the 
                application that are not in compliance; and
                    ``(B) request additional information, only as to 
                the noncompliant provisions, needed to make the 
                application compliant.
    ``(e) Response.--If a State educational agency responds to a 
notification from the Secretary under subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the 
notification, and resubmits the application with the requested 
information described in subsection (d)(2)(B), the Secretary shall 
approve or disapprove such application prior to the later of--
            ``(1) the expiration of the 45-day period beginning on the 
        date on which the application is resubmitted; or
            ``(2) the expiration of the 120-day period described in 
        subsection (b).
    ``(f) Failure to Respond.--If a State educational agency does not 
respond to a notification from the Secretary under subsection (d)(2) 
during the 45-day period beginning on the date on which the agency 
received the notification, such application shall be deemed to be 
disapproved.

``SEC. 2113. STATE USE OF FUNDS.

    ``(a) In General.--A State educational agency that receives a grant 
under section 2111 shall--
            ``(1) reserve 95 percent of the grant funds to make 
        subgrants to local educational agencies under subpart 2; and
            ``(2) use the remainder of the funds, after reserving funds 
        under paragraph (1), for the State activities described in 
        subsection (b), except that the State may reserve not more than 
        1 percent of the grant funds for planning and administration 
        related to carrying out activities described in subsection (b).
    ``(b) State-level Activities.--A State educational agency that 
receives a grant under section 2111--
            ``(1) shall use the amount described in subsection (a)(2) 
        to--
                    ``(A) provide training and technical assistance to 
                local educational agencies on--
                            ``(i) in the case of a State educational 
                        agency not implementing a statewide teacher 
                        evaluation system--
                                    ``(I) the development and 
                                implementation of a teacher evaluation 
                                system that meets the requirements of 
                                clauses (i) through (v) of section 
                                2123(1)(A); and
                                    ``(II) training school leaders in 
                                using such evaluation system; or
                            ``(ii) in the case of a State educational 
                        agency implementing a statewide teacher 
                        evaluation system, implementing such evaluation 
                        system; and
                    ``(B) fulfill the State educational agency's 
                responsibilities with respect to the proper and 
                efficient administration of the subgrant program 
                carried out under this part; and
            ``(2) may use the amount described in subsection (a)(2) 
        to--
                    ``(A) disseminate and share evidence-based and 
                other effective practices related to teacher and school 
                leader effectiveness and professional development; and
                    ``(B) provide professional development for teachers 
                and school leaders in the State consistent with clauses 
                (i) through (v) of section 2123(2)(B).

          ``Subpart 2--Subgrants to Local Educational Agencies

``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) In General.--Each State receiving a grant under section 2111 
shall use the funds reserved under section 2113(a)(1) to award 
subgrants to local educational agencies under this section.
    ``(b) Allocation of Funds.--From the funds reserved by a State 
under section 2113(a)(1), the State educational agency shall allocate 
to each local educational agency in the State the sum of--
            ``(1) an amount that bears the same relationship to 50 
        percent of the funds as the number of individuals age 5 through 
        17 in the geographic area served by the local educational 
        agency, as determined by the State on the basis of the most 
        recent satisfactory data, bears to the number of those 
        individuals in the geographic areas served by all the local 
        educational agencies in the State, as so determined; and
            ``(2) an amount that bears the same relationship to 50 
        percent of the funds as the number of individuals age 5 through 
        17 from families with incomes below the poverty line in the 
        geographic area served by the local educational agency, as 
        determined by the State on the basis of the most recent 
        satisfactory data, bears to the number of those individuals in 
        the geographic areas served by all the local educational 
        agencies in the State, as so determined.

``SEC. 2122. LOCAL APPLICATIONS.

    ``To be eligible to receive a subgrant under this subpart, a local 
educational agency shall submit an application to the State educational 
agency involved at such time, in such a manner, and containing such 
information as the State educational agency may reasonably require 
that, at a minimum, shall include the following:
            ``(1) A description of--
                    ``(A) how the local educational agency will meet 
                the requirements of this subpart;
                    ``(B) how the activities to be carried out by the 
                local educational agency under this subpart will be 
                evidence-based, improve student academic achievement, 
                and improve teacher and school leader effectiveness;
                    ``(C) in the case of a local educational agency not 
                in a State with a statewide teacher evaluation system, 
                the teacher evaluation system that will be developed 
                and implemented under section 2123(1) and how such 
                system will meet the requirements described in clauses 
                (i) through (v) of section 2123(1)(A);
                    ``(D) how, in developing and implementing such a 
                teacher evaluation system, the local educational agency 
                will work with parents, teachers, school leaders, and 
                other staff of the schools served by the local 
                educational agency; and
                    ``(E) how the local educational agency will develop 
                and implement such a teacher evaluation system within 3 
                years of the date of enactment of the Encouraging 
                Innovation and Effective Teachers Act.
            ``(2) In the case of a local educational agency in a State 
        with a statewide teacher evaluation system, a description of 
        how the local educational agency will work with the State 
        educational agency to implement the statewide teacher 
        evaluation system within 3 years of the date of enactment of 
        the Encouraging Innovation and Effective Teachers Act.
            ``(3) An assurance that the local educational agency will 
        comply with section 5501 (regarding participation by private 
        school children and teachers).

``SEC. 2123. LOCAL USE OF FUNDS.

    ``A local educational agency receiving a subgrant under this 
subpart--
            ``(1) shall use such funds--
                    ``(A) to develop and implement a teacher evaluation 
                system that--
                            ``(i) uses student achievement data derived 
                        from a variety of sources as a significant 
                        factor in determining a teacher's evaluation, 
                        with the weight given to such data defined by 
                        the local educational agency;
                            ``(ii) uses multiple measures of evaluation 
                        for evaluating teachers;
                            ``(iii) has more than 2 categories for 
                        rating the performance of teachers;
                            ``(iv) shall be used to make personnel 
                        decisions, as determined by the local 
                        educational agency; and
                            ``(v) is based on input from parents, 
                        school leaders, teachers, and other staff of 
                        schools served by the local educational agency; 
                        or
                    ``(B) in the case of a local educational agency 
                located in a State implementing a statewide teacher 
                evaluation system, to implement such evaluation system; 
                and
            ``(2) may use such funds for--
                    ``(A) the training of school leaders for the 
                purpose of evaluating teachers under a teacher 
                evaluation system described in subparagraph (A) or (B) 
                of paragraph (1), as appropriate;
                    ``(B) professional development for teachers and 
                school leaders that is evidence-based, job-embedded, 
                and continuous, such as--
                            ``(i) subject-based professional 
                        development for teachers;
                            ``(ii) professional development aligned 
                        with the State's academic standards;
                            ``(iii) professional development for 
                        teachers of students with disabilities and 
                        English learners;
                            ``(iv) professional development for 
                        teachers identified as in need of additional 
                        support through data provided by a teacher 
                        evaluation system described in subparagraph (A) 
                        or (B) of paragraph (1), as appropriate;
                            ``(v) professional development based on the 
                        current science of learning, which includes 
                        research on positive brain change and cognitive 
                        skill development;
                            ``(vi) professional development for school 
                        leaders, including mentorship programs for such 
                        leaders; or
                            ``(vii) professional development on 
                        integrated, interdisciplinary, and project-
                        based teaching strategies, including for career 
                        and technical education teachers;
                    ``(C) partnering with a public or private 
                organization or a consortium of such organizations to 
                develop and implement a teacher evaluation system 
                described in subparagraph (A) or (B) of paragraph (1), 
                as appropriate;
                    ``(D) any activities authorized under section 
                2222(a); or
                    ``(E) class size reduction, except that the local 
                educational agency may use not more than 10 percent of 
                such funds for this purpose.

                    ``Subpart 3--General Provisions

``SEC. 2131. REPORTING REQUIREMENTS.

    ``(a) Local Educational Agencies.--Each local educational agency 
receiving a subgrant under subpart 2 shall submit to the State 
educational agency involved, on an annual basis until the last year in 
which the local educational agency receives such subgrant funds, a 
report on--
            ``(1) how the local educational agency is meeting the 
        purposes of this part described in section 2101;
            ``(2) how the local educational agency is using such 
        subgrant funds;
            ``(3) the number and percentage of teachers in each 
        category established under clause (iii) of section 2123(1)(A), 
        except that such report shall not reveal personally 
        identifiable information about an individual teacher; and
            ``(4) any such other information as the State educational 
        agency may require.
    ``(b) State Educational Agencies.--Each State educational agency 
receiving a grant under subpart 1 shall submit to the Secretary a 
report, on an annual basis until the last year in which the State 
educational agency receives such grant funds, on--
            ``(1) how the State educational agency is meeting the 
        purposes of this part described in section 2101; and
            ``(2) how the State educational agency is using such grant 
        funds.

``SEC. 2132. NATIONAL ACTIVITIES.

    ``From the funds reserved by the Secretary under section 
2111(b)(1)(A), the Secretary shall, directly or through grants and 
contracts--
            ``(1) provide technical assistance to States and local 
        educational agencies in carrying out activities under this 
        part; and
            ``(2) acting through the Institute of Education Sciences, 
        conduct national evaluations of activities carried out by State 
        educational agencies and local educational agencies under this 
        part.

``SEC. 2133. STATE DEFINED.

    ``In this part, the term `State' means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico.''.
    (c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is amended 
to read as follows:

           ``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT

``SEC. 2201. PURPOSE.

    ``The purpose of this part is to improve student academic 
achievement in the core academic subjects by--
            ``(1) supporting all State educational agencies, local 
        educational agencies, schools, teachers, and school leaders to 
        help all students meet the State's academic standards; and
            ``(2) increasing the number of teachers and school leaders 
        who are effective in increasing student academic achievement.

                 ``Subpart 1--Formula Grants to States

``SEC. 2211. STATE ALLOTMENTS.

    ``(a) Reservations.--From the amount appropriated under section 
3(a) for any fiscal year, the Secretary--
            ``(1) shall reserve 25 percent to award grants to States 
        under this subpart; and
            ``(2) of the amount reserved under paragraph (1), shall 
        reserve--
                    ``(A) not more than 1 percent for national 
                activities described in section 2233;
                    ``(B) one-half of 1 percent for allotments to 
                outlying areas on the basis of their relative need, as 
                determined by the Secretary, in accordance with the 
                purpose of this part; and
                    ``(C) one-half of 1 percent for the Secretary of 
                the Interior for programs under this part in schools 
                operated or funded by the Bureau of Indian Education.
    ``(b) State Allotments.--
            ``(1) In general.--From the total amount reserved under 
        subsection (a)(1) for each fiscal year and not reserved under 
        subparagraphs (A) through (C) of subsection (a)(2), the 
        Secretary shall allot, and make available in accordance with 
        this section, to each State an amount that bears the same ratio 
        to such sums as the school-age population of the State bears to 
        the school-age population of all States.
            ``(2) Small state minimum.--No State receiving an allotment 
        under paragraph (1) may receive less than one-half of 1 percent 
        of the total amount allotted under such paragraph.
            ``(3) Reallotment.--If a State does not receive an 
        allotment under this subpart for a fiscal year, the Secretary 
        shall reallot the amount of the State's allotment to the 
        remaining States in accordance with this section.
    ``(c) State Application.--In order to receive an allotment under 
this section for any fiscal year, a State shall submit an application 
to the Secretary, at such time and in such manner as the Secretary may 
reasonably require. Such application shall--
            ``(1) designate the State educational agency as the agency 
        responsible for the administration and supervision of programs 
        assisted under this part;
            ``(2) describe how the State educational agency will use 
        funds received under this section for State level activities 
        described in subsection (d)(3);
            ``(3) describe the procedures and criteria the State 
        educational agency will use for reviewing applications and 
        awarding subgrants to eligible entities under section 2221 on a 
        competitive basis;
            ``(4) describe how the State educational agency will ensure 
        that subgrants made under section 2221 are of sufficient size 
        and scope to support effective programs that will help increase 
        academic achievement in the classroom and are consistent with 
        the purposes of this part;
            ``(5) describe the steps the State educational agency will 
        take to ensure that eligible entities use subgrant funds 
        received under section 2221 to carry out programs that 
        implement effective strategies, including by providing ongoing 
        technical assistance and training, and disseminating evidence-
        based and other effective strategies to such eligible entities;
            ``(6) describe how programs under this part will be 
        coordinated with other programs under this Act; and
            ``(7) include an assurance that, other than providing 
        technical and advisory assistance and monitoring compliance 
        with this part, the State educational agency has not exercised, 
        and will not exercise, any influence in the decision-making 
        processes of eligible entities as to the expenditure of funds 
        made pursuant to an application submitted under section 
        2221(b).
    ``(d) State Use of Funds.--
            ``(1) In general.--Each State that receives an allotment 
        under this section shall reserve not less than 92 percent of 
        the amount allotted to such State under subsection (b), for 
        each fiscal year, for subgrants to eligible entities under 
        subpart 2.
            ``(2) State administration.--A State educational agency may 
        reserve not more than 1 percent of the amount made available to 
        the State under subsection (b) for the administrative costs of 
        carrying out such State educational agency's responsibilities 
        under this subpart.
            ``(3) State-level activities.--
                    ``(A) Innovative teacher and school leader 
                activities.--A State educational agency shall reserve 
                not more than 4 percent of the amount made available to 
                the State under subsection (b) to carry out 1 or more 
                of the following activities:
                            ``(i) Reforming teacher and school leader 
                        certification, recertification, licensing, and 
                        tenure systems to ensure that--
                                    ``(I) each teacher has the subject 
                                matter knowledge and teaching skills 
                                necessary to help students meet the 
                                State's academic standards; and
                                    ``(II) school leaders have the 
                                instructional leadership skills to help 
                                teachers instruct and students learn.
                            ``(ii) Carrying out programs that 
                        establish, expand, or improve alternative 
                        routes for State certification or licensure of 
                        teachers and school leaders, including such 
                        programs for--
                                    ``(I) mid-career professionals from 
                                other occupations, including science, 
                                technology, engineering, and math 
                                fields;
                                    ``(II) former military personnel; 
                                and
                                    ``(III) recent graduates of an 
                                institution of higher education, with a 
                                record of academic distinction, who 
                                demonstrate the potential to become 
                                effective teachers or school leaders.
                            ``(iii) Developing, or assisting eligible 
                        entities in developing--
                                    ``(I) performance-based pay systems 
                                for teachers and school leaders;
                                    ``(II) strategies that provide 
                                differential, incentive, or bonus pay 
                                for teachers; or
                                    ``(III) teacher advancement 
                                initiatives that promote professional 
                                growth and emphasize multiple career 
                                paths and pay differentiation.
                            ``(iv) Developing, or assisting eligible 
                        entities in developing, new teacher and school 
                        leaders induction and mentoring programs that 
                        are designed to--
                                    ``(I) improve instruction and 
                                student learning and achievement; and
                                    ``(II) increase the retention of 
                                effective teachers and school leaders.
                            ``(v) Providing professional development 
                        for teachers and school leaders that is focused 
                        on--
                                    ``(I) improving teaching and 
                                student learning and achievement in the 
                                core academic subjects; and
                                    ``(II) improving teaching, student 
                                learning, and achievement for students 
                                with disabilities, English learners, 
                                and other special populations.
                            ``(vi) Providing training and technical 
                        assistance to eligible entities that receive a 
                        subgrant under section 2221.
                            ``(vii) Other activities identified by the 
                        State educational agency that meet the purposes 
                        of this part, including those activities 
                        authorized under subparagraph (B).
                    ``(B) Teacher or school leader preparation 
                academies.--
                            ``(i) In general.--In the case of a State 
                        in which teacher or school leader preparation 
                        academies are allowable under State law, a 
                        State educational agency may reserve not more 
                        than 3 percent of the amount made available to 
                        the State under subsection (b) to support the 
                        establishment or expansion of one or more 
                        teacher or school leader preparation academies 
                        and, subject to the limitation under clause 
                        (iii), to support State authorizers for such 
                        academies.
                            ``(ii) Matching requirement.--A State 
                        educational agency shall not provide funds 
                        under this subparagraph to support the 
                        establishment or expansion of a teacher or 
                        school leader preparation academy unless the 
                        academy agrees to provide, either directly or 
                        through private contributions, non-Federal 
                        matching funds equal to not less than 10 
                        percent of the amount of the funds the academy 
                        will receive under this subparagraph.
                            ``(iii) Funding for state authorizers.--Not 
                        more than 5 percent of funds provided to a 
                        teacher or school leader preparation academy 
                        under this subparagraph may be used to support 
                        activities of State authorizers for such 
                        academy.

``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.

    ``(a) Deemed Approval.--An application submitted by a State 
pursuant to section 2211(c) shall be deemed to be approved by the 
Secretary unless the Secretary makes a written determination, prior to 
the expiration of the 120-day period beginning on the date on which the 
Secretary received the application, that the application is not in 
compliance with section 2211(c).
    ``(b) Disapproval Process.--
            ``(1) In general.--The Secretary shall not finally 
        disapprove an application submitted under section 2211(c), 
        except after giving the State educational agency notice and an 
        opportunity for a hearing.
            ``(2) Notification.--If the Secretary finds that an 
        application is not in compliance, in whole or in part, with 
        section 2211(c) the Secretary shall--
                    ``(A) give the State educational agency notice and 
                an opportunity for a hearing; and
                    ``(B) notify the State educational agency of the 
                finding of noncompliance and, in such notification, 
                shall--
                            ``(i) cite the specific provisions in the 
                        application that are not in compliance; and
                            ``(ii) request additional information, only 
                        as to the noncompliant provisions, needed to 
                        make the application compliant.
            ``(3) Response.--If a State educational agency responds to 
        a notification from the Secretary under paragraph (2)(B) during 
        the 45-day period beginning on the date on which the State 
        educational agency received the notification, and resubmits the 
        application with the requested information described in 
        paragraph (2)(B)(ii), the Secretary shall approve or disapprove 
        such application prior to the later of--
                    ``(A) the expiration of the 45-day period beginning 
                on the date on which the application is resubmitted; or
                    ``(B) the expiration of the 120-day period 
                described in subsection (a).
            ``(4) Failure to respond.--If the State educational agency 
        does not respond to a notification from the Secretary under 
        paragraph (2)(B) during the 45-day period beginning on the date 
        on which the State educational agency received the 
        notification, such application shall be deemed to be 
        disapproved.

              ``Subpart 2--Local Competitive Grant Program

``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.

    ``(a) In General.--A State that receives an allotment under section 
2211(b) for a fiscal year shall use the amount reserved under section 
2211(d)(1) to award subgrants, on a competitive basis, to eligible 
entities in accordance with this section to enable such entities to 
carry out the programs and activities described in section 2222.
    ``(b) Application.--
            ``(1) In general.--To be eligible to receive a subgrant 
        under this section, an eligible entity shall submit an 
        application to the State educational agency at such time, in 
        such manner, and including such information as the State 
        educational agency may reasonably require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    ``(A) a description of the programs and activities 
                to be funded and how they are consistent with the 
                purposes of this part; and
                    ``(B) an assurance that the eligible entity will 
                comply with section 5501 (regarding participation by 
                private school children and teachers).
    ``(c) Peer Review.--In reviewing applications under this section, a 
State educational agency shall use a peer review process or other 
methods of assuring the quality of such applications but the review 
shall only judge the likelihood of the activity to increase student 
academic achievement. The reviewers shall not make a determination 
based on the policy of the proposed activity.
    ``(d) Geographic Diversity.--A State educational agency shall 
distribute funds under this section equitably among geographic areas 
within the State, including rural, suburban, and urban communities.
    ``(e) Duration of Awards.--A State educational agency may award 
subgrants under this section for a period of not more than 5 years.
    ``(f) Matching.--An eligible entity receiving a subgrant under this 
section shall provide, either directly or through private 
contributions, non-Federal matching funds equal to not less than 10 
percent of the amount of the subgrant.

``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.

    ``(a) In General.--Each eligible entity receiving a subgrant under 
section 2221 shall use such subgrant funds to develop, implement, and 
evaluate comprehensive programs and activities, that are in accordance 
with the purpose of this part and--
            ``(1) are consistent with the principles of effectiveness 
        described in subsection (b); and
            ``(2) may include, among other programs and activities--
                    ``(A) developing and implementing initiatives to 
                assist in recruiting, hiring, and retaining highly 
                effective teachers and school leaders, including 
                initiatives that provide--
                            ``(i) differential, incentive, or bonus pay 
                        for teachers;
                            ``(ii) performance-based pay systems for 
                        teachers and school leaders;
                            ``(iii) teacher advancement initiatives 
                        that promote professional growth and emphasize 
                        multiple career paths and pay differentiation;
                            ``(iv) new teacher and school leader 
                        induction and mentoring programs that are 
                        designed to improve instruction, student 
                        learning and achievement, and to increase 
                        teacher and school leader retention; and
                            ``(v) teacher residency programs, and 
                        school leader residency programs, designed to 
                        develop and support new teachers or new school 
                        leaders, respectively;
                    ``(B) supporting the establishment or expansion of 
                teacher or school leader preparation academies under 
                section 2221(d)(3)(B);
                    ``(C) recruiting qualified individuals from other 
                fields, including individuals from science, technology, 
                engineering, and math fields, mid-career professionals 
                from other occupations, and former military personnel;
                    ``(D) establishing, improving, or expanding model 
                instructional programs in the core academic subjects to 
                ensure that all children meet the State's academic 
                standards;
                    ``(E) providing high-quality professional 
                development for teachers and school leaders focused on 
                improving teaching and student learning and achievement 
                in the core academic subjects;
                    ``(F) implementing programs based on the current 
                science of learning, which includes research on 
                positive brain change and cognitive skill development; 
                and
                    ``(G) other activities and programs identified as 
                necessary by the local educational agency that meet the 
                purpose of this part.
    ``(b) Principles of Effectiveness.--For a program or activity 
developed pursuant to this section to meet the principles of 
effectiveness, such program or activity shall--
            ``(1) be based upon an assessment of objective data 
        regarding the need for programs and activities in the 
        elementary schools and secondary schools served to increase the 
        number of teachers and school leaders who are effective in 
        improving student academic achievement;
            ``(2) reflect evidence-based research, or in the absence of 
        a strong research base, reflect effective strategies in the 
        field, that provide evidence that the program or activity will 
        improve student academic achievement in the core academic 
        subjects; and
            ``(3) include meaningful and ongoing consultation with, and 
        input from, teachers, school leaders, and parents, in the 
        development of the application and administration of the 
        program or activity.

                    ``Subpart 3--General Provisions

``SEC. 2231. PERIODIC EVALUATION.

    ``(a) In General.--Each eligible entity and each teacher or school 
leader preparation academy that receives funds under this part shall 
undergo a periodic evaluation by the State educational agency involved 
to assess such entity's or such academy's progress toward achieving the 
purposes of this part.
    ``(b) Use of Results.--The results of an evaluation described in 
subsection (a) of an eligible entity or academy shall be--
            ``(1) used to refine, improve, and strengthen such eligible 
        entity or such academy, respectively; and
            ``(2) made available to the public upon request, with 
        public notice of such availability provided.

``SEC. 2232. REPORTING REQUIREMENTS.

    ``(a) Eligible Entities and Academies.--Each eligible entity and 
each teacher or school leader preparation academy that receives funds 
from a State educational agency under this part shall prepare and 
submit annually to such State educational agency a report that 
includes--
            ``(1) a description of the progress of the eligible entity 
        or teacher or school leader preparation academy, respectively, 
        in meeting the purposes of this part;
            ``(2) a description of the programs and activities 
        conducted by the eligible entity or teacher or school leader 
        preparation academy, respectively, with funds received under 
        this part;
            ``(3) how the eligible entity or teacher or school leader 
        preparation academy, respectively, is using such funds; and
            ``(4) any such other information as the State educational 
        agency may require.
    ``(b) State Educational Agencies.--Each State educational agency 
that receives a grant under this part shall prepare and submit, 
annually, to the Secretary a report that includes--
            ``(1) a description of the programs and activities 
        conducted by the State educational agency with grant funds 
        received under this part;
            ``(2) a description of the progress of the State 
        educational agency in meeting the purposes of this part 
        described in section 2201;
            ``(3) how the State educational agency is using grant funds 
        received under this part;
            ``(4) the methods and criteria the State educational agency 
        used to award subgrants to eligible entities under section 2221 
        and, if applicable, funds to teacher or school leader academies 
        under section 2211(d)(3)(B); and
            ``(5) the results of the periodic evaluations conducted 
        under section 2231.

``SEC. 2233. NATIONAL ACTIVITIES.

    ``From the funds reserved by the Secretary under section 
2211(a)(1), the Secretary shall, directly or through grants and 
contracts--
            ``(1) provide technical assistance to States and eligible 
        entities in carrying out activities under this part; and
            ``(2) acting through the Institute of Education Sciences, 
        conduct national evaluations of activities carried out by 
        States and eligible entities under this part.

``SEC. 2234. DEFINITIONS.

    ``In this part:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency or consortium of 
                local educational agencies;
                    ``(B) an institution of higher education or 
                consortium of such institutions in partnership with a 
                local educational agency or consortium of local 
                educational agencies;
                    ``(C) a for-profit organization, a nonprofit 
                organization, or a consortium of for-profit or 
                nonprofit organizations in partnership with a local 
                educational agency or consortium of local educational 
                agencies; or
                    ``(D) a consortium of the entities described in 
                subparagraphs (B) and (C).
            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            ``(3) State authorizer.--The term `State authorizer' means 
        an entity designated by the Governor of a State to authorize 
        teacher or school leader preparation academies within the State 
        that--
                    ``(A) enters into an agreement with a teacher or 
                school leader preparation academy that--
                            ``(i) specifies the goals expected of the 
                        academy, which, at a minimum, include the goals 
                        described in paragraph (4); and
                            ``(ii) does not reauthorize the academy if 
                        such goals are not met; and
                    ``(B) may be a nonprofit organization, a State 
                educational agency, or other public entity, or 
                consortium of such entities (including a consortium of 
                State educational agencies).
            ``(4) Teacher or school leader preparation academy.--The 
        term `teacher or school leader preparation academy' means a 
        public or private entity, or a nonprofit or for-profit 
        organization, which may be an institution of higher education 
        or an organization affiliated with an institution of higher 
        education, that will prepare teachers or school leaders to 
        serve in schools, and that--
                    ``(A) enters into an agreement with a State 
                authorizer that specifies the goals expected of the 
                academy, including--
                            ``(i) a requirement that prospective 
                        teachers or school leaders who are enrolled in 
                        a teacher or school leader preparation academy 
                        receive a significant part of their training 
                        through clinical preparation that partners the 
                        prospective candidate with an effective teacher 
                        or school leader, respectively, with a 
                        demonstrated record of increasing student 
                        achievement, while also receiving concurrent 
                        instruction from the academy in the content 
                        area (or areas) in which the prospective 
                        teacher or school leader will become certified 
                        or licensed;
                            ``(ii) the number of effective teachers or 
                        school leaders, respectively, who will 
                        demonstrate success in increasing student 
                        achievement that the academy will produce; and
                            ``(iii) a requirement that a teacher or 
                        school leader preparation academy will only 
                        award a certificate of completion after the 
                        graduate demonstrates that the graduate is an 
                        effective teacher or school leader, 
                        respectively, with a demonstrated record of 
                        increasing student achievement, except that an 
                        academy may award a provisional certificate for 
                        the period necessary to allow the graduate to 
                        demonstrate such effectiveness;
                    ``(B) does not have restrictions on the methods the 
                academy will use to train prospective teacher or school 
                leader candidates, including--
                            ``(i) obligating (or prohibiting) the 
                        academy's faculty to hold advanced degrees or 
                        conduct academic research;
                            ``(ii) restrictions related to the 
                        academy's physical infrastructure;
                            ``(iii) restrictions related to the number 
                        of course credits required as part of the 
                        program of study;
                            ``(iv) restrictions related to the 
                        undergraduate coursework completed by teachers 
                        teaching or working on alternative 
                        certificates, licenses, or credentials, as long 
                        as such teachers have successfully passed all 
                        relevant State-approved content area 
                        examinations; or
                            ``(v) restrictions related to obtaining 
                        accreditation from an accrediting body for 
                        purposes of becoming an academy;
                    ``(C) limits admission to its program to 
                prospective teacher or school leader candidates who 
                demonstrate strong potential to improve student 
                achievement, based on a rigorous selection process that 
                reviews a candidate's prior academic achievement or 
                record of professional accomplishment; and
                    ``(D) results in a certificate of completion that 
                the State may recognize as at least the equivalent of a 
                master's degree in education for the purposes of 
                hiring, retention, compensation, and promotion in the 
                State.
            ``(5) Teacher residency program.--The term `teacher 
        residency program' means a school-based teacher preparation 
        program in which a prospective teacher--
                    ``(A) for one academic year, teaches alongside an 
                effective teacher, as determined by a teacher 
                evaluation system implemented under part A, who is the 
                teacher of record;
                    ``(B) receives concurrent instruction during the 
                year described in subparagraph (A) from the partner 
                institution (as defined in section 200 of the Higher 
                Education Act of 1965 (20 U.S.C. 1021)), which courses 
                may be taught by local educational agency personnel or 
                residency program faculty, in the teaching of the 
                content area in which the teacher will become certified 
                or licensed; and
                    ``(C) acquires effective teaching skills.''.
    (d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is 
amended--
            (1) by striking subparts 1 through 4;
            (2) by striking the heading relating to subpart 5;
            (3) by striking sections 2361 and 2368;
            (4) in section 2362, by striking ``principals'' and 
        inserting ``school leaders'';
            (5) in section 2363(6)(A), by striking ``principal'' and 
        inserting ``school leader'';
            (6) in section 2366(b), by striking ``ate law'' and 
        inserting ``(3) A State law'';
            (7) by redesignating section 2362 as section 2361;
            (8) by redesignating sections 2364 through 2367 as sections 
        2362 through 2365, respectively; and
            (9) by redesignating section 2363 as section 2366 and 
        transferring such section to appear after section 2365 (as so 
        redesignated).
    (e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is amended 
to read as follows:

                      ``PART D--GENERAL PROVISIONS

``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.

    ``In this title, the term `local educational agency' includes a 
charter school (as defined in section 5101) that, in the absence of 
this section, would not have received funds under this title.

``SEC. 2402. PARENTS' RIGHT TO KNOW.

    ``At the beginning of each school year, a local educational agency 
that receives funds under this title shall notify the parents of each 
student attending any school receiving funds under this title that the 
parents may request, and the agency will provide the parents on request 
(and in a timely manner), information regarding the professional 
qualifications of the student's classroom teachers.

``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.

    ``Funds received under this title shall be used to supplement, and 
not supplant, non-Federal funds that would otherwise be used for 
activities authorized under this title.''.

SEC. 102. CONFORMING REPEALS.

    (a) Conforming Repeals.--Title II of the Higher Education Act of 
1965 (20 U.S.C. 1021 et seq.) is amended by repealing sections 201 
through 204.
    (b) Effective Date.--The repeals made by subsection (a) shall take 
effect October 1, 2012.

          TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

SEC. 201. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.

    Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:

         ``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

                     ``PART A--PARENTAL ENGAGEMENT

                  ``Subpart 1--Charter School Program

``SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES.

    ``It is the sense of the House of Representatives that the programs 
for public charter schools under part B of title V be reauthorized as 
such part was amended under the provisions of H.R. 2218, as passed by 
the House of Representatives on September 13, 2011, and be transferred 
and redesignated to this subpart.

                 ``Subpart 2--Magnet School Assistance

``SEC. 3121. PURPOSE.

    ``The purpose of this subpart is to assist in the desegregation of 
schools served by local educational agencies by providing financial 
assistance to eligible local educational agencies for--
            ``(1) the elimination, reduction, or prevention of minority 
        group isolation in elementary schools and secondary schools 
        with substantial proportions of minority students, which shall 
        include assisting in the efforts of the United States to 
        achieve voluntary desegregation in public schools;
            ``(2) the development and implementation of magnet school 
        programs that will assist local educational agencies in 
        achieving systemic reforms and providing all students the 
        opportunity to meet State academic standards;
            ``(3) the development and design of innovative educational 
        methods and practices that promote diversity and increase 
        choices in public elementary schools and public secondary 
        schools and public educational programs;
            ``(4) courses of instruction within magnet schools that 
        will substantially strengthen the knowledge of academic 
        subjects and the attainment of tangible and marketable career, 
        technical, and professional skills of students attending such 
        schools;
            ``(5) improving the ability of local educational agencies, 
        including through professional development, to continue 
        operating magnet schools at a high performance level after 
        Federal funding for the magnet schools is terminated; and
            ``(6) ensuring that students enrolled in the magnet school 
        programs have equitable access to a quality education that will 
        enable the students to succeed academically and continue with 
        postsecondary education or employment.

``SEC. 3122. DEFINITION.

    ``For the purpose of this subpart, the term `magnet school' means a 
public elementary school, public secondary school, public elementary 
education center, or public secondary education center that offers a 
special curriculum capable of attracting substantial numbers of 
students of different racial backgrounds.

``SEC. 3123. PROGRAM AUTHORIZED.

    ``From the amount appropriated under section 3(b)(1)(B), the 
Secretary, in accordance with this subpart, is authorized to award 
grants to eligible local educational agencies, and consortia of such 
agencies where appropriate, to carry out the purpose of this subpart 
for magnet schools that are--
            ``(1) part of an approved desegregation plan; and
            ``(2) designed to bring students from different social, 
        economic, ethnic, and racial backgrounds together.

``SEC. 3124. ELIGIBILITY.

    ``A local educational agency, or consortium of such agencies where 
appropriate, is eligible to receive a grant under this subpart to carry 
out the purpose of this subpart if such agency or consortium--
            ``(1) is implementing a plan undertaken pursuant to a final 
        order issued by a court of the United States, or a court of any 
        State, or any other State agency or official of competent 
        jurisdiction, that requires the desegregation of minority-
        group-segregated children or faculty in the elementary schools 
        and secondary schools of such agency; or
            ``(2) without having been required to do so, has adopted 
        and is implementing, or will, if a grant is awarded to such 
        local educational agency, or consortium of such agencies, under 
        this subpart, adopt and implement a plan that has been approved 
        by the Secretary as adequate under title VI of the Civil Rights 
        Act of 1964 for the desegregation of minority-group-segregated 
        children or faculty in such schools.

``SEC. 3125. APPLICATIONS AND REQUIREMENTS.

    ``(a) Applications.--An eligible local educational agency, or 
consortium of such agencies, desiring to receive a grant under this 
subpart shall submit an application to the Secretary at such time and 
in such manner as the Secretary may reasonably require.
    ``(b) Information and Assurances.--Each application submitted under 
subsection (a) shall include--
            ``(1) a description of--
                    ``(A) how a grant awarded under this subpart will 
                be used to promote desegregation, including how the 
                proposed magnet school programs will increase 
                interaction among students of different social, 
                economic, ethnic, and racial backgrounds;
                    ``(B) the manner and extent to which the magnet 
                school program will increase student academic 
                achievement in the instructional area or areas offered 
                by the school;
                    ``(C) how the applicant will continue the magnet 
                school program after assistance under this subpart is 
                no longer available, and, if applicable, an explanation 
                of why magnet schools established or supported by the 
                applicant with grant funds under this subpart cannot be 
                continued without the use of grant funds under this 
                subpart;
                    ``(D) how grant funds under this subpart will be 
                used--
                            ``(i) to improve student academic 
                        achievement for all students attending the 
                        magnet school programs; and
                            ``(ii) to implement services and activities 
                        that are consistent with other programs under 
                        this Act, and other Acts, as appropriate; and
                    ``(E) the criteria to be used in selecting students 
                to attend the proposed magnet school program; and
            ``(2) assurances that the applicant will--
                    ``(A) use grant funds under this subpart for the 
                purposes specified in section 3121;
                    ``(B) employ effective teachers in the courses of 
                instruction assisted under this subpart;
                    ``(C) not engage in discrimination based on race, 
                religion, color, national origin, sex, or disability 
                in--
                            ``(i) the hiring, promotion, or assignment 
                        of employees of the applicant or other 
                        personnel for whom the applicant has any 
                        administrative responsibility;
                            ``(ii) the assignment of students to 
                        schools, or to courses of instruction within 
                        the schools, of such applicant, except to carry 
                        out the approved plan; and
                            ``(iii) designing or operating 
                        extracurricular activities for students;
                    ``(D) carry out a quality education program that 
                will encourage greater parental decisionmaking and 
                involvement; and
                    ``(E) give students residing in the local 
                attendance area of the proposed magnet school program 
                equitable consideration for placement in the program, 
                consistent with desegregation guidelines and the 
                capacity of the applicant to accommodate the students.
    ``(c) Special Rule.--No grant shall be awarded under this subpart 
unless the Assistant Secretary of Education for Civil Rights determines 
that the assurances described in subsection (b)(2)(C) will be met.

``SEC. 3126. PRIORITY.

    ``In awarding grants under this subpart, the Secretary shall give 
priority to applicants that--
            ``(1) demonstrate the greatest need for assistance, based 
        on the expense or difficulty of effectively carrying out 
        approved desegregation plans and the magnet school program for 
        which the grant is sought;
            ``(2) propose to carry out new magnet school programs, or 
        significantly revise existing magnet school programs;
            ``(3) propose to select students to attend magnet school 
        programs by methods such as lottery, rather than through 
        academic examination; and
            ``(4) propose to serve the entire student population of a 
        school.

``SEC. 3127. USE OF FUNDS.

    ``(a) In General.--Grant funds made available under this subpart 
may be used by an eligible local educational agency, or consortium of 
such agencies--
            ``(1) for planning and promotional activities directly 
        related to the development, expansion, continuation, or 
        enhancement of academic programs and services offered at magnet 
        schools;
            ``(2) for the acquisition of books, materials, and 
        equipment, including computers and the maintenance and 
        operation of materials, equipment, and computers, necessary to 
        conduct programs in magnet schools;
            ``(3) for the compensation, or subsidization of the 
        compensation, of elementary school and secondary school 
        teachers, and instructional staff where applicable, who are 
        necessary to conduct programs in magnet schools;
            ``(4) with respect to a magnet school program offered to 
        less than the entire student population of a school, for 
        instructional activities that--
                    ``(A) are designed to make available the special 
                curriculum that is offered by the magnet school program 
                to students who are enrolled in the school but who are 
                not enrolled in the magnet school program; and
                    ``(B) further the purpose of this subpart;
            ``(5) for activities, which may include professional 
        development, that will build the recipient's capacity to 
        operate magnet school programs once the grant period has ended;
            ``(6) to enable the local educational agency, or consortium 
        of such agencies, to have more flexibility in the 
        administration of a magnet school program in order to serve 
        students attending a school who are not enrolled in a magnet 
        school program; and
            ``(7) to enable the local educational agency, or consortium 
        of such agencies, to have flexibility in designing magnet 
        schools for students in all grades.
    ``(b) Special Rule.--Grant funds under this subpart may be used for 
activities described in paragraphs (2) and (3) of subsection (a) only 
if the activities are directly related to improving student academic 
achievement based on the State's academic standards or directly related 
to improving student reading skills or knowledge of mathematics, 
science, history, geography, English, foreign languages, art, or music, 
or to improving career, technical, and professional skills.

``SEC. 3128. LIMITATIONS.

    ``(a) Duration of Awards.--A grant under this subpart shall be 
awarded for a period that shall not exceed 3 fiscal years.
    ``(b) Limitation on Planning Funds.--A local educational agency, or 
consortium of such agencies, may expend for planning (professional 
development shall not be considered to be planning for purposes of this 
subsection) not more than 50 percent of the grant funds received under 
this subpart for the first year of the program and not more than 15 
percent of such funds for each of the second and third such years.
    ``(c) Amount.--No local educational agency, or consortium of such 
agencies, awarded a grant under this subpart shall receive more than 
$4,000,000 under this subpart for any 1 fiscal year.
    ``(d) Timing.--To the extent practicable, the Secretary shall award 
grants for any fiscal year under this subpart not later than July 1 of 
the applicable fiscal year.

``SEC. 3129. EVALUATIONS.

    ``(a) Reservation.--The Secretary may reserve not more than 2 
percent of the funds appropriated under section 3(b)(1)(B) for any 
fiscal year to carry out evaluations, provide technical assistance, and 
carry out dissemination projects with respect to magnet school programs 
assisted under this subpart.
    ``(b) Contents.--Each evaluation described in subsection (a), at a 
minimum, shall address--
            ``(1) how and the extent to which magnet school programs 
        lead to educational quality and academic improvement;
            ``(2) the extent to which magnet school programs enhance 
        student access to a quality education;
            ``(3) the extent to which magnet school programs lead to 
        the elimination, reduction, or prevention of minority group 
        isolation in elementary schools and secondary schools with 
        substantial proportions of minority students; and
            ``(4) the extent to which magnet school programs differ 
        from other school programs in terms of the organizational 
        characteristics and resource allocations of such magnet school 
        programs.
    ``(c) Dissemination.--The Secretary shall collect and disseminate 
to the general public information on successful magnet school programs.

``SEC. 3130. RESERVATION.

    ``In any fiscal year for which the amount appropriated under 
section 3(b)(1)(B) exceeds $75,000,000, the Secretary shall give 
priority in using such amounts in excess of $75,000,000 to awarding 
grants to local educational agencies or consortia of such agencies that 
did not receive a grant under this subpart in the preceding fiscal 
year.

          ``Subpart 3--Family Engagement in Education Programs

``SEC. 3141. PURPOSES.

    ``The purposes of this subpart are the following:
            ``(1) To provide financial support to organizations to 
        provide technical assistance and training to State and local 
        educational agencies in the implementation and enhancement of 
        systemic and effective family engagement policies, programs, 
        and activities that lead to improvements in student development 
        and academic achievement.
            ``(2) To assist State educational agencies, local 
        educational agencies, community-based organizations, schools, 
        and educators in strengthening partnerships among parents, 
        teachers, school leaders, administrators, and other school 
        personnel in meeting the educational needs of children and 
        fostering greater parental engagement.
            ``(3) To support State educational agencies, local 
        educational agencies, schools, educators, and parents in 
        developing and strengthening the relationship between parents 
        and their children's school in order to further the 
        developmental progress of children.
            ``(4) To coordinate activities funded under this subpart 
        with parent involvement initiatives funded under section 1118 
        and other provisions of this Act.
            ``(5) To assist the Secretary, State educational agencies, 
        and local educational agencies in the coordination and 
        integration of Federal, State, and local services and programs 
        to engage families in education.

``SEC. 3142. GRANTS AUTHORIZED.

    ``(a) Statewide Family Engagement Centers.--From the amount 
appropriated under section 3(b)(1)(C), the Secretary is authorized to 
award grants for each fiscal year to statewide organizations (and 
consortia of such organizations and State educational agencies), to 
establish Statewide Family Engagement Centers that provide 
comprehensive training and technical assistance to State educational 
agencies, local educational agencies, schools identified by State 
educational agencies and local educational agencies, organizations that 
support family-school partnerships, and other organizations that carry 
out, or carry out directly, parent education and family engagement in 
education programs.
    ``(b) Minimum Award.--In awarding grants under this section, the 
Secretary shall, to the extent practicable, ensure that a grant is 
awarded for a Statewide Family Engagement Center in an amount not less 
than $500,000.

``SEC. 3143. APPLICATIONS.

    ``(a) Submissions.--Each statewide organization, or a consortium of 
such an organization and a State educational agency, that desires a 
grant under this subpart shall submit an application to the Secretary 
at such time, in such manner, and including the information described 
in subsection (b).
    ``(b) Contents.--Each application submitted under subsection (a) 
shall include, at a minimum, the following:
            ``(1) A description of the applicant's approach to family 
        engagement in education.
            ``(2) A description of the support that the Statewide 
        Family Engagement Center that will be operated by the applicant 
        will have from the applicant, including a letter from the 
        applicant outlining the commitment to work with the center.
            ``(3) A description of the applicant's plan for building a 
        statewide infrastructure for family engagement in education, 
        that includes--
                    ``(A) management and governance;
                    ``(B) statewide leadership; or
                    ``(C) systemic services for family engagement in 
                education.
            ``(4) A description of the applicant's demonstrated 
        experience in providing training, information, and support to 
        State educational agencies, local educational agencies, 
        schools, educators, parents, and organizations on family 
        engagement in education policies and practices that are 
        effective for parents (including low-income parents) and 
        families, English learners, minorities, parents of students 
        with disabilities, parents of homeless students, foster parents 
        and students, and parents of migratory students, including 
        evaluation results, reporting, or other data exhibiting such 
        demonstrated experience.
            ``(5) An assurance that the applicant will--
                    ``(A) establish a special advisory committee, the 
                membership of which includes--
                            ``(i) parents, who shall constitute a 
                        majority of the members of the special advisory 
                        committee;
                            ``(ii) representatives of education 
                        professionals with expertise in improving 
                        services for disadvantaged children;
                            ``(iii) representatives of local elementary 
                        schools and secondary schools, including 
                        students;
                            ``(iv) representatives of the business 
                        community; and
                            ``(v) representatives of State educational 
                        agencies and local educational agencies;
                    ``(B) use not less than 65 percent of the funds 
                received under this subpart in each fiscal year to 
                serve local educational agencies, schools, and 
                community-based organizations that serve high 
                concentrations of disadvantaged students, including 
                English learners, minorities, parents of students with 
                disabilities, parents of homeless students, foster 
                parents and students, and parents of migratory 
                students;
                    ``(C) operate a Statewide Family Engagement Center 
                of sufficient size, scope, and quality to ensure that 
                the Center is adequate to serve the State educational 
                agency, local educational agencies, and community-based 
                organizations;
                    ``(D) ensure that the Center will retain staff with 
                the requisite training and experience to serve parents 
                in the State;
                    ``(E) serve urban, suburban, and rural local 
                educational agencies and schools;
                    ``(F) work with--
                            ``(i) other Statewide Family Engagement 
                        Centers assisted under this subpart; and
                            ``(ii) parent training and information 
                        centers and community parent resource centers 
                        assisted under sections 671 and 672 of the 
                        Individuals with Disabilities Education Act;
                    ``(G) use not less than 30 percent of the funds 
                received under this subpart for each fiscal year to 
                establish or expand technical assistance for evidence-
                based parent education programs;
                    ``(H) provide assistance to State educational 
                agencies and local educational agencies and community-
                based organizations that support family members in 
                supporting student academic achievement;
                    ``(I) work with State educational agencies, local 
                educational agencies, schools, educators, and parents 
                to determine parental needs and the best means for 
                delivery of services to address such needs; and
                    ``(J) conduct sufficient outreach to assist 
                parents, including parents who the applicant may have a 
                difficult time engaging with a school or local 
                educational agency.

``SEC. 3144. USES OF FUNDS.

    ``(a) In General.--Grantees shall use grant funds received under 
this subpart, based on the needs determined under section 
3143(b)(5)(I), to provide training and technical assistance to State 
educational agencies, local educational agencies, and organizations 
that support family-school partnerships, and activities, services, and 
training for local educational agencies, school leaders, educators, and 
parents--
            ``(1) to assist parents in participating effectively in 
        their children's education and to help their children meet 
        State standards, such as assisting parents--
                    ``(A) to engage in activities that will improve 
                student academic achievement, including understanding 
                how they can support learning in the classroom with 
                activities at home and in afterschool and 
                extracurricular programs;
                    ``(B) to communicate effectively with their 
                children, teachers, school leaders, counselors, 
                administrators, and other school personnel;
                    ``(C) to become active participants in the 
                development, implementation, and review of school-
                parent compacts, family engagement in education 
                policies, and school planning and improvement;
                    ``(D) to participate in the design and provision of 
                assistance to students who are not making academic 
                progress;
                    ``(E) to participate in State and local 
                decisionmaking;
                    ``(F) to train other parents; and
                    ``(G) to help the parents learn and use technology 
                applied in their children's education;
            ``(2) to develop and implement, in partnership with the 
        State educational agency, statewide family engagement in 
        education policy and systemic initiatives that will provide for 
        a continuum of services to remove barriers for family 
        engagement in education and support school reform efforts; and
            ``(3) to develop, implement, and assess parental 
        involvement policies under sections 1112 and 1118.
    ``(b) Matching Funds for Grant Renewal.--For each fiscal year after 
the first fiscal year for which an organization or consortium receives 
assistance under this section, the organization or consortium shall 
demonstrate in the application that a portion of the services provided 
by the organization or consortium is supported through non-Federal 
contributions, which may be in cash or in-kind.
    ``(c) Technical Assistance.--The Secretary shall reserve not more 
than 2 percent of the funds appropriated under section 3(b)(C) to carry 
out this subpart to provide technical assistance, by grant or contract, 
for the establishment, development, and coordination of Statewide 
Family Engagement Centers.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a Statewide Family Engagement Center from--
            ``(1) having its employees or agents meet with a parent at 
        a site that is not on school grounds; or
            ``(2) working with another agency that serves children.
    ``(e) Parental Rights.--Notwithstanding any other provision of this 
section--
            ``(1) no person (including a parent who educates a child at 
        home, a public school parent, or a private school parent) shall 
        be required to participate in any program of parent education 
        or developmental screening under this section; and
            ``(2) no program or center assisted under this section 
        shall take any action that infringes in any manner on the right 
        of a parent to direct the education of their children.

``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

    ``The Secretary of the Interior, in consultation with the Secretary 
of Education, shall establish, or enter into contracts and cooperative 
agreements with local Indian nonprofit parent organizations to 
establish and operate Family Engagement Centers.

                ``PART B--LOCAL ACADEMIC FLEXIBLE GRANT

``SEC. 3201. PURPOSE.

    ``The purpose of this part is to--
            ``(1) provide local educational agencies with the 
        opportunity to access funds to support the initiatives 
        important to their schools and students to improve academic 
        achievement; and
            ``(2) provide nonprofit and for-profit entities the 
        opportunity to work with students to improve academic 
        achievement.

``SEC. 3202. ALLOTMENTS TO STATES.

    ``(a) Reservations.--From the funds appropriated under section 
3(b)(2) for any fiscal year, the Secretary shall reserve--
            ``(1) not more than one-half of 1 percent for national 
        activities to provide technical assistance to eligible entities 
        in carrying out programs under this part; and
            ``(2) not more than one-half of 1 percent for payments to 
        the outlying areas and the Bureau of Indian Education, to be 
        allotted in accordance with their respective needs for 
        assistance under this part, as determined by the Secretary, to 
        enable the outlying areas and the Bureau to carry out the 
        purpose of this part.
    ``(b) State Allotments.--
            ``(1) Determination.--From the funds appropriated under 
        section 3(b)(2) for any fiscal year and remaining after the 
        Secretary makes reservations under subsection (a), the 
        Secretary shall allot to each State for the fiscal year an 
        amount that bears the same relationship to the remainder as the 
        amount the State received under chapter B of subpart 1 of part 
        A of title I for the preceding fiscal year bears to the amount 
        all States received under that chapter for the preceding fiscal 
        year, except that no State shall receive less than an amount 
        equal to one-half of 1 percent of the total amount made 
        available to all States under this subsection.
            ``(2) Reallotment of unused funds.--If a State does not 
        receive an allotment under this part for a fiscal year, the 
        Secretary shall reallot the amount of the State's allotment to 
        the remaining States in accordance with this section.
    ``(c) State Use of Funds.--
            ``(1) In general.--Each State that receives an allotment 
        under this part shall reserve not less than 75 percent of the 
        amount allotted to the State under subsection (b) for each 
        fiscal year for awards to eligible entities under section 3204.
            ``(2) Awards to nongovernmental entities to improve student 
        academic achievement.--Each State that receives an allotment 
        under subsection (b) for each fiscal year shall reserve not 
        less than 10 percent of the amount allotted to the State for 
        awards to nongovernmental entities under section 3205.
            ``(3) State activities and state administration.--A State 
        educational agency may reserve not more than 15 percent of the 
        amount allotted to the State under subsection (b) for each 
        fiscal year for the following:
                    ``(A) Enabling the State educational agency--
                            ``(i) to pay the costs of developing the 
                        State assessments and standards required under 
                        section 1111(b), which may include the costs of 
                        working, at the sole discretion of the State, 
                        in voluntary partnerships with other States to 
                        develop such assessments and standards; or
                            ``(ii) if the State has developed the 
                        assessments and standards required under 
                        section 1111(b), to administer those 
                        assessments or carry out other activities 
                        related to ensuring that the State's schools 
                        and local educational agencies are helping 
                        students meet the State's academic standards 
                        under such section.
                    ``(B) The administrative costs of carrying out its 
                responsibilities under this part, except that not more 
                than 5 percent of the reserved amount may be used for 
                this purpose.
                    ``(C) Monitoring and evaluation of programs and 
                activities assisted under this part.
                    ``(D) Providing training and technical assistance 
                under this part.
                    ``(E) Statewide academic focused programs.
                    ``(F) Sharing evidence-based and other effective 
                strategies with eligible entities.

``SEC. 3203. STATE APPLICATION.

    ``(a) In General.--In order to receive an allotment under section 
3202 for any fiscal year, a State shall submit to the Secretary, at 
such time as the Secretary may require, an application that--
            ``(1) designates the State educational agency as the agency 
        responsible for the administration and supervision of programs 
        assisted under this part;
            ``(2) describes how the State educational agency will use 
        funds reserved for State-level activities;
            ``(3) describes the procedures and criteria the State 
        educational agency will use for reviewing applications and 
        awarding funds to eligible entities on a competitive basis, 
        which shall include reviewing how the proposed project will 
        help increase student academic achievement;
            ``(4) describes how the State educational agency will 
        ensure that awards made under this part are--
                    ``(A) of sufficient size and scope to support high-
                quality, effective programs that are consistent with 
                the purpose of this part; and
                    ``(B) in amounts that are consistent with section 
                3204(f);
            ``(5) describes the steps the State educational agency will 
        take to ensure that programs implement effective strategies, 
        including providing ongoing technical assistance and training, 
        and dissemination of evidence-based and other effective 
        strategies;
            ``(6) describes how the State educational agency will 
        consider students across all grades when making these awards;
            ``(7) an assurance that, other than providing technical and 
        advisory assistance and monitoring compliance with this part, 
        the State educational agency has not exercised and will not 
        exercise any influence in the decision-making process of 
        eligible entities as to the expenditure of funds received by 
        the eligible entities under this part;
            ``(8) describes how programs under this part will be 
        coordinated with programs under this Act, and other programs as 
        appropriate;
            ``(9) contains an assurance that the State educational 
        agency--
                    ``(A) will make awards for programs for a period of 
                not more than 5 years; and
                    ``(B) will require each eligible entity seeking 
                such an award to submit a plan describing how the 
                project to be funded through the award will continue 
                after funding under this part ends, if applicable; and
            ``(10) contains an assurance that funds appropriated to 
        carry out this part will be used to supplement, and not 
        supplant, State and local public funds expended to provide 
        programs and activities authorized under this part and other 
        similar programs.
    ``(b) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed to be 
approved by the Secretary unless the Secretary makes a written 
determination, prior to the expiration of the 120-day period beginning 
on the date on which the Secretary received the application, that the 
application is not in compliance with this part.
    ``(c) Disapproval.--The Secretary shall not finally disapprove the 
application, except after giving the State educational agency notice 
and an opportunity for a hearing.
    ``(d) Notification.--If the Secretary finds that the application is 
not in compliance, in whole or in part, with this part, the Secretary 
shall--
            ``(1) give the State educational agency notice and an 
        opportunity for a hearing; and
            ``(2) notify the State educational agency of the finding of 
        noncompliance, and, in such notification, shall--
                    ``(A) cite the specific provisions in the 
                application that are not in compliance; and
                    ``(B) request additional information, only as to 
                the noncompliant provisions, needed to make the 
                application compliant.
    ``(e) Response.--If the State educational agency responds to the 
Secretary's notification described in subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the 
notification, and resubmits the application with the requested 
information described in subsection (d)(2)(B), the Secretary shall 
approve or disapprove such application prior to the later of--
            ``(1) the expiration of the 45-day period beginning on the 
        date on which the application is resubmitted; or
            ``(2) the expiration of the 120-day period described in 
        subsection (b).
    ``(f) Failure to Respond.--If the State educational agency does not 
respond to the Secretary's notification described in subsection (d)(2) 
during the 45-day period beginning on the date on which the agency 
received the notification, such application shall be deemed to be 
disapproved.
    ``(g) Rule of Construction.--An application submitted by a State 
educational agency pursuant to subsection (a) shall not be approved or 
disapproved based upon the activities for which the agency may make 
funds available to eligible entities under section 3204 if the agency's 
use of funds is consistent with section 3204(b).

``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.

    ``(a) In General.--A State that receives funds under this part for 
a fiscal year shall provide the amount made available under section 
3202(c)(1) to eligible entities in accordance with this section.
    ``(b) Use of Funds.--
            ``(1) In general.--An eligible entity that receives an 
        award under this part shall use the funds for activities that--
                    ``(A) are evidence-based;
                    ``(B) will improve student academic achievement;
                    ``(C) are allowable under State law; and
                    ``(D) focus on one or more projects from the 
                following two categories:
                            ``(i) Supplemental student support 
                        activities such as before, after, or summer 
                        school activities, tutoring, and expanded 
                        learning time, but not including athletics or 
                        in-school learning activities.
                            ``(ii) Activities designed to support 
                        students, such as academic subject specific 
                        programs, adjunct teacher programs, extended 
                        learning time programs, and parent engagement, 
                        but not including activities to--
                                    ``(I) support smaller class sizes 
                                or construction; or
                                    ``(II) provide compensation or 
                                benefits to teachers, school leaders, 
                                other school officials, or local 
                                educational agency staff.
            ``(2) Participation of children enrolled in private 
        schools.--An eligible entity that receives an award under this 
        part shall ensure compliance with section 5501 (relating to 
        participation of children enrolled in private schools).
    ``(c) Application.--
            ``(1) In general.--To be eligible to receive an award under 
        this part, an eligible entity shall submit an application to 
        the State educational agency at such time, in such manner, and 
        including such information as the State educational agency may 
        reasonably require, including the contents required by 
        paragraph (2).
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    ``(A) a description of the activities to be funded 
                and how they are consistent with subsection (b);
                    ``(B) an assurance that funds under this part will 
                be used to increase the level of State, local, and 
                other non-Federal funds that would, in the absence of 
                funds under this part, be made available for programs 
                and activities authorized under this part, and in no 
                case supplant State, local, or non-Federal funds;
                    ``(C) an assurance that the community will be given 
                notice of an intent to submit an application with an 
                opportunity for comment, and that the application will 
                be available for public review after submission of the 
                application; and
                    ``(D) an assurance that students who benefit from 
                any activity funded under this part shall continue to 
                maintain enrollment in a public elementary or secondary 
                school.
    ``(d) Review.--In reviewing local applications under this section, 
a State educational agency shall use a peer review process or other 
methods of assuring the quality of such applications but the review 
shall be limited to the likelihood that the project will increase 
student academic achievement.
    ``(e) Geographic Diversity.--A State educational agency shall 
distribute funds under this part equitably among geographic areas 
within the State, including rural, suburban, and urban communities.
    ``(f) Award.--A grant shall be awarded to all eligible entities 
that submit an application that meets the requirements of this section 
in an amount that is not less than $10,000, but there shall be only one 
minimum award granted to any one local educational agency.
    ``(g) Duration of Awards.--Grants under this part may be awarded 
for a period of not more than 5 years.
    ``(h) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
            ``(1) a local educational agency in partnership with a 
        community-based organization, business entity, or 
        nongovernmental entity;
            ``(2) a consortium of local educational agencies working in 
        partnership with a community-based organization, business 
        entity, or nongovernmental entity;
            ``(3) a community-based organization in partnership with a 
        local educational agency and, if applicable, a business entity 
        or nongovernmental entity; or
            ``(4) a business entity in partnership with a local 
        educational agency and, if applicable, a community-based 
        organization or nongovernmental entity.

``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC 
              ACHIEVEMENT.

    ``(a) In General.--From the amount reserved under section 
3202(c)(2), a State educational agency shall award grants to 
nongovernmental entities, including public or private organizations, 
community-based or faith-based organizations, and business entities for 
a program or project to increase the academic achievement of public 
school students attending public elementary or secondary schools (or 
both) in compliance with the requirements in this section. Subject to 
the availability of funds, the State educational agency shall award a 
grant to each eligible applicant that meets the requirements in a 
sufficient size and scope to support the program.
    ``(b) Application.--The State educational agency shall require an 
application that includes the following information:
            ``(1) A description of the program or project the applicant 
        will use the funds to support.
            ``(2) A description of how the applicant is using or will 
        use other State, local, or private funding to support the 
        program or project.
            ``(3) A description of how the program or project will help 
        increase student academic achievement, including the evidence 
        to support this claim.
            ``(4) A description of the student population the program 
        or project is targeting to impact, and if the program will 
        prioritize students in high-need local educational agencies.
            ``(5) A description of how the applicant will conduct 
        sufficient outreach to ensure students can participate in the 
        program or project.
            ``(6) A description of any partnerships the applicant has 
        entered into with the local educational agencies or other 
        entities the applicant will work with, if applicable.
            ``(7) A description of how the applicant will work to share 
        evidence-based and other effective strategies from the program 
        or project with local educational agencies and other entities 
        working with students to increase academic achievement.
            ``(8) An assurance that students who benefit from any 
        program or project funded under this section shall continue to 
        maintain enrollment in a public elementary or secondary school.
    ``(c) Matching Contribution.--An eligible applicant receiving a 
grant under this section shall provide, either directly or through 
private contributions, non-Federal matching funds equal to not less 
than 50 percent of the amount of the grant.
    ``(d) Review.--The State educational agency shall review the 
application to ensure that--
            ``(1) the applicant is an eligible applicant;
            ``(2) the application clearly describes the required 
        elements in subsection (b);
            ``(3) the entity meets the matching requirement described 
        in subsection (c); and
            ``(4) the program is allowable and complies with Federal, 
        State, and local laws.
    ``(e) Distribution of Funds.--If the application requests exceed 
the funds available, the State educational agency shall prioritize 
projects that support students in high-need local educational agencies 
and ensure geographic diversity, including serving rural, suburban, and 
urban areas.
    ``(f) Administrative Costs.--Not more than 1 percent of a grant 
awarded under this section may be used for administrative costs.

``SEC. 3206. REPORT.

    ``Each recipient of a grant under section 3204 or 3205 shall report 
to the State educational agency on--
            ``(1) the success of the program in reaching the goals of 
        the program;
            ``(2) a description of the students served by the program 
        and how the students' academic achievement improved; and
            ``(3) the results of any evaluation conducted on the 
        success of the program.''.

                         TITLE III--IMPACT AID

SEC. 301. PURPOSE.

    Section 8001 (20 U.S.C. 7701) is amended by striking ``challenging 
State standards'' and inserting ``State academic standards''.

SEC. 302. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

    Section 8002 (20 U.S.C. 7702) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``2003'' and inserting ``2018''; and
                    (B) in paragraph (1)(C), by amending the matter 
                preceding clause (i) to read as follows:
                    ``(C) had an assessed value according to original 
                records (including facsimiles or other reproductions of 
                those records) or other records that the Secretary 
                determines to be appropriate and reliable, including 
                Federal agency records or local historical records, 
                aggregating 10 percent or more of the assessed value 
                of--'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(B), by striking ``section 
                8014(a)'' and inserting ``section 3(c)(1)'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Determination of estimated taxable value for eligible 
        federal property.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                determining the estimated taxable value of eligible 
                Federal property located within the boundaries of a 
                local educational agency for fiscal year 2013 and each 
                succeeding fiscal year, the Secretary shall carry out 
                the following:
                            ``(i) Determine the total taxable value of 
                        real property located within the boundaries of 
                        such local educational agency for the purpose 
                        of levying a property tax for current 
                        expenditures.
                            ``(ii) Determine the per acre value of the 
                        eligible Federal property by dividing--
                                    ``(I) the total taxable value 
                                determined under clause (i), by
                                    ``(II) the difference between the 
                                total acres located within the 
                                boundaries of the local educational 
                                agency and the number of Federal acres 
                                in that agency eligible under this 
                                section.
                            ``(iii) Multiply--
                                    ``(I) the per acre value calculated 
                                under clause (ii), by
                                    ``(II) the number of Federal acres 
                                in that agency eligible under this 
                                section.
                    ``(B) Special rule.--In a case in which a local 
                educational agency shares eligible Federal property 
                with 2 or more local educational agencies, the local 
                educational agency may elect to have the Secretary--
                            ``(i) calculate the per acre value of the 
                        eligible Federal property of each such local 
                        educational agency in accordance with 
                        subparagraph (A); and
                            ``(ii) carry out the calculation under 
                        subparagraph (A)(iii) by multiplying--
                                    ``(I) the average of the per acre 
                                values of such eligible Federal 
                                properties, by
                                    ``(II) the acres of the Federal 
                                property in that agency eligible under 
                                this section.''; and
                    (C) by amending paragraph (3) to read as follows:
            ``(3) Application of current levied real property tax 
        rate.--In calculating the amount that a local educational 
        agency is eligible to receive for a fiscal year, the Secretary 
        shall apply the current levied real property tax rate for 
        current expenditures levied by fiscally independent local 
        educational agencies, or imputed for fiscally dependent local 
        educational agencies, to the current annually determined 
        estimated taxable value of such acquired Federal property as 
        calculated under paragraph (2).'';
            (3) by amending subsection (f) to read as follows:
    ``(f) Special Rule.--Beginning with fiscal year 2013, a local 
educational agency shall be deemed to meet the requirements of 
subsection (a)(1)(C) if records to determine eligibility under such 
subsection were destroyed prior to fiscal year 2000 and the agency 
received funds under subsection (b) in the previous year.'';
            (4) by amending subsection (g) to read as follows:
    ``(g) Former Districts.--
            ``(1) Consolidations.--For fiscal year 2006 and each 
        succeeding fiscal year, if a local educational agency described 
        in paragraph (2) is formed at any time after 1938 by the 
        consolidation of two or more former school districts, the local 
        educational agency may elect to have the Secretary determine 
        its eligibility and any amount for which the local educational 
        agency is eligible under this section for such fiscal year on 
        the basis of one or more of those former districts, as 
        designated by the local educational agency.
            ``(2) Eligible local educational agencies.--A local 
        educational agency described in this paragraph is--
                    ``(A) any local educational agency that, for fiscal 
                year 1994 or any preceding fiscal year, applied for, 
                and was determined to be eligible under section 2(c) of 
                the Act of September 20, 1950 (Public Law 874, 81st 
                Congress) as that section was in effect for that fiscal 
                year; or
                    ``(B) a local educational agency formed by the 
                consolidation of 2 or more school districts, at least 
                one of which was eligible for assistance under this 
                section for the fiscal year preceding the year of the 
                consolidation, if--
                            ``(i) for fiscal years 2006 through 2012, 
                        the local educational agency notifies the 
                        Secretary not later than 30 days after the date 
                        of enactment of the Encouraging Innovation and 
                        Effective Teachers Act of the designation 
                        described in paragraph (1); and
                            ``(ii) for fiscal year 2013, and each 
                        subsequent fiscal year, the local educational 
                        agency includes the designation in its 
                        application under section 8005 or any timely 
                        amendment to such application.
            ``(3) Availability of funds.--Notwithstanding any other 
        provision of law limiting the period during which the Secretary 
        may obligate funds appropriated for any fiscal year after 
        fiscal year 2005, the Secretary may obligate funds remaining 
        after final payments have been made for any of such fiscal 
        years to carry out this subsection.'';
            (5) in subsection (h)--
                    (A) by striking ``section 8014(a)'' and inserting 
                ``section 3(c)(1)'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) Foundation payments.--
                    ``(A) In general.--From the amount appropriated 
                under section 3(c)(1) for the fiscal year involved, the 
                Secretary shall first make a payment to the following 
                local educational agencies:
                            ``(i) Each local educational agency that 
                        received a payment under this section for 
                        fiscal year 2006 and was eligible for a payment 
                        under this section for fiscal year 2006.
                            ``(ii) Each local educational agency that 
                        did not receive a payment under this section 
                        for fiscal year 2006 but was newly eligible for 
                        a payment under this section after fiscal year 
                        2006.
                    ``(B) Amount.--The amount of payment under 
                subparagraph (A) for a local educational agency shall 
                be determined as follows:
                            ``(i) For a local educational agency 
                        described in subparagraph (A)(i) the amount of 
                        payment shall be equal to 90 percent of the 
                        amount received by such local educational 
                        agency under subsection (b) for fiscal year 
                        2006.
                            ``(ii) For a local educational agency 
                        described in subparagraph (A)(ii) the amount of 
                        payment shall be determined by--
                                    ``(I) calculating a payment 
                                estimate for fiscal year 2006 for such 
                                local educational agency under 
                                subsection (b) in the same manner as 
                                payments were determined for local 
                                educational agencies eligible for and 
                                receiving payments for fiscal year 2006 
                                under such section; and
                                    ``(II) multiplying the amount 
                                determined under subclause (I) by 90 
                                percent.
                    ``(C) Foundation payment.--The amount of payments 
                calculated under clause (i) or (ii) of subparagraph (B) 
                for a local educational agency shall be considered the 
                local educational agency's foundation payments for each 
                succeeding fiscal year.
                    ``(D) Insufficient appropriations.--If the amount 
                appropriated under section 3(c)(1) is insufficient to 
                pay the full amount determined under this paragraph for 
                all eligible local educational agencies for the fiscal 
                year, then the Secretary shall ratably reduce the 
                payment to each such local educational agency under 
                this paragraph.'';
                    (C) by amending paragraph (2) to read as follows:
            ``(2) Remaining funds.--From any amounts remaining after 
        making payments under paragraph (1) for the fiscal year 
        involved, the Secretary shall--
                    ``(A) sum the amounts determined for all eligible 
                local educational agencies under subsection (b)(2);
                    ``(B) determine each eligible local educational 
                agency's proportional share of the amount calculated 
                under subparagraph (A); and
                    ``(C) pay each eligible local educational agency 
                its share of the remaining funds based on the 
                proportion calculated under subparagraph (B).''; and
                    (D) by striking paragraphs (3) and (4);
            (6) by repealing subsections (i) and (k);
            (7) by redesignating subsection (l) as subsection (i);
            (8) by amending subsection (i) (as so redesignated) by 
        striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
            (9) by repealing subsection (m); and
            (10) by redesignating subsection (n) as subsection (j).

SEC. 303. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

    (a) Computation of Payment.--Section 8003(a) (20 U.S.C. 7703(a)) is 
amended--
            (1) in the matter preceding subparagraph (A) of paragraph 
        (1), by inserting after ``schools of such agency'' the 
        following: ``(including those children enrolled in such agency 
        as a result of the open enrollment policy of the State in which 
        the agency is located, but not including children who are 
        enrolled in a distance education program at such agency and who 
        are not residing within the geographic boundaries of such 
        agency)'';
            (2) in paragraph (4)--
                    (A) in the heading, by striking ``or rebuilding'' 
                and inserting ``, rebuilding, or authorized for 
                demolition'';
                    (B) in subparagraph (A), by striking ``or 
                rebuilding'' each place it appears and inserting ``, 
                rebuilding, or authorized for demolition by the 
                Secretary of Defense or the head of another Federal 
                agency''; and
                    (C) in subparagraph (B)--
                            (i) by striking ``or rebuilding'' each 
                        place it appears and inserting ``, rebuilding, 
                        or authorized for demolition by the Secretary 
                        of Defense or the head of another Federal 
                        agency''; and
                            (ii) by striking ``3 fiscal years'' each 
                        place it appears and inserting ``4 fiscal years 
                        (which are not required to run 
                        consecutively)''; and
            (3) in paragraph (5)(A), by inserting after ``1984,'' the 
        following: ``or under lease of off-base property under 
        subchapter IV of chapter 169 of title 10, United States 
        Code,''.
    (b) Basic Support Payments for Heavily Impacted Local Educational 
Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
            (1) by striking ``section 8014(b)'' each place it appears 
        and inserting ``section 3(c)(2)'';
            (2) in paragraph (1), by repealing subparagraph (E);
            (3) in paragraph (2)--
                    (A) in subparagraph (A), by inserting at the end 
                the following:
                            ``(iii) The Secretary shall--
                                    ``(I) deem each local educational 
                                agency that received a basic support 
                                payment under this paragraph for fiscal 
                                year 2009 as eligible to receive a 
                                basic support payment under this 
                                paragraph for each of fiscal years 
                                2010, 2011, and 2012; and
                                    ``(II) make a payment to each such 
                                local educational agency under this 
                                paragraph for each of fiscal years 
                                2010, 2011, and 2012.''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``continuing'' in the 
                        heading;
                            (ii) by amending clause (i) to read as 
                        follows:
                            ``(i) In general.--A heavily impacted local 
                        educational agency is eligible to receive a 
                        basic support payment under subparagraph (A) 
                        with respect to a number of children determined 
                        under subsection (a)(1) if the agency--
                                    ``(I) is a local educational 
                                agency--
                                            ``(aa) whose boundaries are 
                                        the same as a Federal military 
                                        installation or an island 
                                        property designated by the 
                                        Secretary of the Interior to be 
                                        property that is held in trust 
                                        by the Federal Government; and
                                            ``(bb) that has no taxing 
                                        authority;
                                    ``(II) is a local educational 
                                agency that--
                                            ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 45 
                                        percent;
                                            ``(bb) has a per-pupil 
                                        expenditure that is less than--

                                                    ``(AA) for an 
                                                agency that has a total 
                                                student enrollment of 
                                                500 or more students, 
                                                125 percent of the 
                                                average per-pupil 
                                                expenditure of the 
                                                State in which the 
                                                agency is located; or

                                                    ``(BB) for any 
                                                agency that has a total 
                                                student enrollment less 
                                                than 500, 150 percent 
                                                of the average per-
                                                pupil expenditure of 
                                                the State in which the 
                                                agency is located; or 
                                                the average per-pupil 
                                                expenditure of 3 or 
                                                more comparable local 
                                                educational agencies in 
                                                the State in which the 
                                                agency is located; and

                                            ``(cc) is an agency that--

                                                    ``(AA) has a tax 
                                                rate for general fund 
                                                purposes that is not 
                                                less than 95 percent of 
                                                the average tax rate 
                                                for general fund 
                                                purposes of comparable 
                                                local educational 
                                                agencies in the State; 
                                                or

                                                    ``(BB) was eligible 
                                                to receive a payment 
                                                under this subsection 
                                                for fiscal year 2012 
                                                and is located in a 
                                                State that by State law 
                                                has eliminated ad 
                                                valorem tax as a 
                                                revenue for local 
                                                educational agencies;

                                    ``(III) is a local educational 
                                agency that--
                                            ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 20 
                                        percent;
                                            ``(bb) for the 3 fiscal 
                                        years preceding the fiscal year 
                                        for which the determination is 
                                        made, the average enrollment of 
                                        children who are not described 
                                        in subsection (a)(1) and who 
                                        are eligible for a free or 
                                        reduced price lunch under the 
                                        Richard B. Russell National 
                                        School Lunch Act constitutes a 
                                        percentage of the total student 
                                        enrollment of the agency that 
                                        is not less than 65 percent; 
                                        and
                                            ``(cc) has a tax rate for 
                                        general fund purposes which is 
                                        not less than 125 percent of 
                                        the average tax rate for 
                                        general fund purposes for 
                                        comparable local educational 
                                        agencies in the State;
                                    ``(IV) is a local educational 
                                agency that has a total student 
                                enrollment of not less than 25,000 
                                students, of which--
                                            ``(aa) not less than 50 
                                        percent are children described 
                                        in subsection (a)(1); and
                                            ``(bb) not less than 5,500 
                                        of such children are children 
                                        described in subparagraphs (A) 
                                        and (B) of subsection (a)(1); 
                                        or
                                    ``(V) is a local educational agency 
                                that--
                                            ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) including, 
                                        for purposes of determining 
                                        eligibility, those children 
                                        described in subparagraphs (F) 
                                        and (G) of such subsection, 
                                        that is not less than 35 
                                        percent of the total student 
                                        enrollment of the agency; and
                                            ``(bb) was eligible to 
                                        receive assistance under 
                                        subparagraph (A) for fiscal 
                                        year 2001.''; and
                            (iii) in clause (ii)--
                                    (I) by striking ``A heavily'' and 
                                inserting the following:
                                    ``(I) In general.--Subject to 
                                subclause (II), a heavily''; and
                                    (II) by adding at the end the 
                                following:
                                    ``(II) Loss of eligibility due to 
                                falling below 95 percent of the average 
                                tax rate for general fund purposes.--In 
                                a case of a heavily impacted local 
                                educational agency that fails to meet 
                                the requirements of clause (i) for a 
                                fiscal year by reason of having a tax 
                                rate for general fund purposes that 
                                falls below 95 percent of the average 
                                tax rate for general fund purposes of 
                                comparable local educational agencies 
                                in the State, subclause (I) shall be 
                                applied as if `and the subsequent 
                                fiscal year' were inserted before the 
                                period at the end.'';
                    (C) by striking subparagraph (C);
                    (D) by redesignating subparagraphs (D) through (H) 
                as subparagraphs (C) through (G), respectively;
                    (E) in subparagraph (C) (as so redesignated)--
                            (i) in the heading, by striking 
                        ``regular'';
                            (ii) by striking ``Except as provided in 
                        subparagraph (E)'' and inserting ``Except as 
                        provided in subparagraph (D)'';
                            (iii) by amending subclause (I) of clause 
                        (ii) to read as follows:
                    ``(ii)(I)(aa) For a local educational agency with 
                respect to which 35 percent or more of the total 
                student enrollment of the schools of the agency are 
                children described in subparagraph (D) or (E) (or a 
                combination thereof) of subsection (a)(1), and that has 
                an enrollment of children described in subparagraphs 
                (A), (B), or (C) of such subsection equal to at least 
                10 percent of the agency's total enrollment, the 
                Secretary shall calculate the weighted student units of 
                those children described in subparagraph (D) or (E) of 
                such subsection by multiplying the number of such 
                children by a factor of 0.55.
                    ``(bb) Notwithstanding subitem (aa), a local 
                educational agency that received a payment under this 
                paragraph for fiscal year 2006 shall not be required to 
                have an enrollment of children described in 
                subparagraphs (A), (B), or (C) of subsection (a)(1) 
                equal to at least 10 percent of the agency's total 
                enrollment.''; and
                            (iv) by amending subclause (III) of clause 
                        (ii) by striking ``(B)(i)(II)(aa)'' and 
                        inserting ``subparagraph (B)(i)(I)'';
                    (F) in subparagraph (D)(i)(II) (as so 
                redesignated), by striking ``6,000'' and inserting 
                ``5,500'';
                    (G) in subparagraph (E) (as so redesignated)--
                            (i) by striking ``Secretary'' and all that 
                        follows through ``shall use'' and inserting 
                        ``Secretary shall use'';
                            (ii) by striking ``; and'' and inserting a 
                        period; and
                            (iii) by striking clause (ii);
                    (H) in subparagraph (F) (as so redesignated), by 
                striking ``subparagraph (C)(i)(II)(bb)'' and inserting 
                ``subparagraph (B)(i)(II)(bb)'';
                    (I) in subparagraph (G) (as so redesignated)--
                            (i) in clause (i)--
                                    (I) by striking ``subparagraph (B), 
                                (C), (D), or (E)'' and inserting 
                                ``subparagraph (B), (C), or (D)'';
                                    (II) by striking ``by reason of'' 
                                and inserting ``due to'';
                                    (III) by inserting after ``clause 
                                (iii)'' the following ``, or as the 
                                direct result of base realignment and 
                                closure or modularization as determined 
                                by the Secretary of Defense and force 
                                structure change or force relocation''; 
                                and
                                    (IV) by inserting before the 
                                period, the following: ``or during such 
                                time as activities associated with base 
                                closure and realignment, 
                                modularization, force structure change, 
                                or force relocation are ongoing''; and
                            (ii) in clause (ii), by striking ``(D) or 
                        (E)'' each place it appears and inserting ``(C) 
                        or (D)'';
            (4) in paragraph (3)--
                    (A) in subparagraph (B)--
                            (i) by amending clause (iii) to read as 
                        follows:
                    ``(iii) In the case of a local educational agency 
                providing a free public education to students enrolled 
                in kindergarten through grade 12, but which enrolls 
                students described in subparagraphs (A), (B), and (D) 
                of subsection (a)(1) only in grades 9 through 12, and 
                which received a final payment in fiscal year 2009 
                calculated under this paragraph (as this paragraph was 
                in effect on the day before the date of enactment of 
                the Encouraging Innovation and Effective Teachers Act) 
                for students in grades 9 through 12, the Secretary 
                shall, in calculating the agency's payment, consider 
                only that portion of such agency's total enrollment of 
                students in grades 9 through 12 when calculating the 
                percentage under clause (i)(I) and only that portion of 
                the total current expenditures attributed to the 
                operation of grades 9 through 12 in such agency when 
                calculating the percentage under clause (i)(II).''; and
                            (ii) by adding at the end the following:
                    ``(v) In the case of a local educational agency 
                that is providing a program of distance education to 
                children not residing within the geographic boundaries 
                of the agency, the Secretary shall--
                            ``(I) for purposes of the calculation under 
                        clause (i)(I), disregard such children from the 
                        total number of children in average daily 
                        attendance at the schools served by such 
                        agency; and
                            ``(II) for purposes of the calculation 
                        under clause (i)(II), disregard any funds 
                        received for such children from the total 
                        current expenditures for such agency.'';
                    (B) in subparagraph (C), by striking ``subparagraph 
                (D) or (E) of paragraph (2), as the case may be'' and 
                inserting ``paragraph (2)(D)''; and
                    (C) by amending subparagraph (D) to read as 
                follows:
                    ``(D) Ratable distribution.--For any fiscal year 
                described in subparagraph (A) for which the sums 
                available exceed the amount required to pay each local 
                educational agency 100 percent of its threshold 
                payment, the Secretary shall distribute the excess sums 
                to each eligible local educational agency that has not 
                received its full amount computed under paragraph (1) 
                or (2) (as the case may be) by multiplying--
                            ``(i) a percentage, the denominator of 
                        which is the difference between the full amount 
                        computed under paragraph (1) or (2) (as the 
                        case may be) for all local educational agencies 
                        and the amount of the threshold payment (as 
                        calculated under subparagraphs (B) and (C)) of 
                        all local educational agencies, and the 
                        numerator of which is the aggregate of the 
                        excess sums, by;
                            ``(ii) the difference between the full 
                        amount computed under paragraph (1) or (2) (as 
                        the case may be) for the agency and the amount 
                        of the threshold payment as calculated under 
                        subparagraphs (B) and (C) of the agency.''; and
                    (D) by inserting at the end the following new 
                subparagraphs:
                    ``(E) Insufficient payments.--For each fiscal year 
                described in subparagraph (A) for which the sums 
                appropriated under section 3(c)(2) are insufficient to 
                pay each local educational agency all of the local 
                educational agency's threshold payment described in 
                subparagraph (D), the Secretary shall ratably reduce 
                the payment to each local educational agency under this 
                paragraph.
                    ``(F) Increases.--If the sums appropriated under 
                section 3(c)(2) are sufficient to increase the 
                threshold payment above the 100 percent threshold 
                payment described in subparagraph (D), then the 
                Secretary shall increase payments on the same basis as 
                such payments were reduced, except no local educational 
                agency may receive a payment amount greater than 100 
                percent of the maximum payment calculated under this 
                subsection.''; and
            (5) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``through 
                (D)'' and inserting ``and (C)''; and
                    (B) in subparagraph (B), by striking ``subparagraph 
                (D) or (E)'' and inserting ``subparagraph (C) or (D)''.
    (c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 U.S.C. 
7703(c)) is amended to read as follows:
            ``(2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the fiscal year 
        for which the agency is making an application for payment if 
        such agency--
                    ``(A) is newly established by a State, for the 
                first year of operation of such agency only;
                    ``(B) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                overall increase in enrollment (as determined by the 
                Secretary in consultation with the Secretary of 
                Defense, the Secretary of Interior, or the heads of 
                other Federal agencies)--
                            ``(i) of not less than 10 percent, or 100 
                        students, of children described in--
                                    ``(I) subparagraph (A), (B), (C), 
                                or (D) of subsection (a)(1); or
                                    ``(II) subparagraph (F) and (G) of 
                                subsection (a)(1), but only to the 
                                extent such children are civilian 
                                dependents of employees of the 
                                Department of Defense or the Department 
                                of Interior; and
                            ``(ii) that is the direct result of closure 
                        or realignment of military installations under 
                        the base closure process or the relocation of 
                        members of the Armed Forces and civilian 
                        employees of the Department of Defense as part 
                        of the force structure changes or movements of 
                        units or personnel between military 
                        installations or because of actions initiated 
                        by the Secretary of the Interior or the head of 
                        another Federal agency; or
                    ``(C) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                increase in enrollment (as determined by the 
                Secretary)--
                            ``(i) of not less than 10 percent of 
                        children described in subsection (a)(1) or not 
                        less than 100 of such children; and
                            ``(ii) that is the direct result of the 
                        closure of a local educational agency that 
                        received a payment under subsection (b)(1) or 
                        (b)(2) in the previous fiscal year.''.
    (d) Children With Disabilities.--Section 8003(d)(1) (20 U.S.C. 
7703(d)) is amended by striking ``section 8014(c)'' and inserting 
``section 3(c)(3)''.
    (e) Hold-harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is 
amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--Subject to paragraph (2), the total 
        amount the Secretary shall pay a local educational agency under 
        subsection (b)--
                    ``(A) for fiscal year 2013, shall not be less than 
                90 percent of the total amount that the local 
                educational agency received under subsection (b)(1), 
                (b)(2), or (b)(2)(B)(ii) for fiscal year 2012;
                    ``(B) for fiscal year 2014, shall not be less than 
                85 percent of the total amount that the local 
                educational agency received under subsection (b)(1), 
                (b)(2), or (b)(2)(B)(ii) for fiscal year 2012; and
                    ``(C) for fiscal year 2015, shall not be less than 
                80 percent of the total amount that the local 
                educational agency received under subsection (b)(1), 
                (b)(2), or (b)(2)(B)(ii) for fiscal year 2012.''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Maximum amount.--The total amount provided to a local 
        educational agency under subparagraph (A), (B), or C of 
        paragraph (1) for a fiscal year shall not exceed the maximum 
        basic support payment amount for such agency determined under 
        paragraph (1) or (2) of subsection (b), as the case may be, for 
        such fiscal year.''.
    (f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is 
amended by striking subsection (g).

SEC. 304. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON 
              INDIAN LANDS.

    Section 8004(e)(9) is amended by striking ``Bureau of Indian 
Affairs'' and inserting ``Bureau of Indian Education''.

SEC. 305. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.

    Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter 
preceding paragraph (1) by striking ``and shall contain such 
information,''.

SEC. 306. CONSTRUCTION.

    Section 8007 (20 U.S.C. 7707) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``section 
                8014(e)'' and inserting ``section 3(c)(4)'';
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(C) The agency is eligible under section 
                4003(b)(2) or is receiving basic support payments under 
                circumstances described in section 
                4003(b)(2)(B)(ii).''; and
                    (C) in paragraph (3), by striking ``section 
                8014(e)'' each place it appears and inserting ``section 
                3(c)(4)''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``section 
                8014(e)'' and inserting ``section 3(c)(4)'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (C)(i)(I), by adding at 
                        the end the following:
                                    ``(cc) At least 10 percent of the 
                                property in the agency is exempt from 
                                State and local taxation under Federal 
                                law.''; and
                            (ii) by adding at the end the following:
                    ``(F) Limitations on eligibility requirements.--The 
                Secretary shall not limit eligibility--
                            ``(i) under subparagraph (C)(i)(I)(aa), to 
                        those local educational agencies in which the 
                        number of children determined under section 
                        8003(a)(1)(C) for each such agency for the 
                        preceding school year constituted more than 40 
                        percent of the total student enrollment in the 
                        schools of each such agency during the 
                        preceding school year; and
                            ``(ii) under subparagraph (C)(i)(I)(cc), to 
                        those local educational agencies in which more 
                        than 10 percent of the property in each such 
                        agency is exempt from State and local taxation 
                        under Federal law.''; and
                    (C) in paragraph (6)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``in such manner, and 
                        accompanied by such information'' and inserting 
                        ``and in such manner''; and
                            (ii) by striking subparagraph (F).

SEC. 307. FACILITIES.

    Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by 
striking ``section 8014(f)'' and inserting ``section 3(c)(5)''.

SEC. 308. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.

    Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by 
striking ``and contain the information''.

SEC. 309. FEDERAL ADMINISTRATION.

    Section 8010 (20 U.S.C. 7710) is amended--
            (1) in subsection (c), by striking ``paragraph (3)'' each 
        place it appears and inserting ``paragraph (2)''; and
            (2) by adding at the end the following new subsection:
    ``(d) Timely Payments.--
            ``(1) In general.--The Secretary shall pay the full amount 
        that a local educational agency is eligible to receive under 
        this title not later than September 30 of the second fiscal 
        year following the fiscal year for which such amount has been 
        appropriated if, not later than 1 calendar year following the 
        fiscal year in which such amount has been appropriated, such 
        local educational agency submits to the Secretary all the data 
        and information necessary for the Secretary to pay the full 
        amount that the agency is eligible to receive under this title 
        for such fiscal year.
            ``(2) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--For a fiscal year in 
        which the amount appropriated under section 3(c) is 
        insufficient to pay the full amount a local educational agency 
        is eligible to receive under this title, paragraph (1) shall be 
        applied by substituting `is available to pay the agency' for 
        `the agency is eligible to receive' each place it appears.''.

SEC. 310. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

    Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ``or 
under the Act'' and all the follows through ``1994)''.

SEC. 311. DEFINITIONS.

    Section 8013 is amended--
            (1) in paragraph (1), by striking ``and Marine Corps'' and 
        inserting ``Marine Corps, and Coast Guard'';
            (2) in paragraph (4), by striking ``and title VI'';
            (3) in paragraph (5)(A)(iii)--
                    (A) in subclause (II), by striking ``Stewart B. 
                McKinney Homeless Assistance Act'' and inserting 
                ``McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                114111 et seq.)''; and
                    (B) in subclause (III), by inserting before the 
                semicolon, ``(26 U.S.C. 4101 et seq.)'';
            (4) in paragraph (8)(A), by striking ``and verified by'' 
        and inserting ``, and verified by,''; and
            (5) in paragraph (9)(B), by inserting a comma before ``on a 
        case-by-case basis''.

SEC. 312. AUTHORIZATION OF APPROPRIATIONS.

    Section 8014 (20 U.S.C. 7801) is repealed.

SEC. 313. CONFORMING AMENDMENTS.

    (a) Repeal.--Title IV (20 U.S.C. 7101 et seq.), as amended by 
section 201(b)(2) of the Student Success Act, is repealed.
    (b) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 et 
seq.), as amended by this title, is redesignated as title IV (20 U.S.C. 
7101 et seq.), and transferred and inserted after title III (as amended 
by this Act).
    (c) Title IV.--The heading relating to title IV of such Act (20 
U.S.C. 7101 et seq.) is amended to read as follows:

                       ``TITLE IV--IMPACT AID''.

    (d) Title VIII References.--The Act (20 U.S.C. 6301 et seq.) is 
amended--
            (1) by redesignating sections 8001 through 8005 as sections 
        4001 through 4005, respectively;
            (2) by redesignating sections 8007 through 8013 as sections 
        4007 through 4013, respectively;
            (3) by striking ``section 8002'' each place it appears and 
        inserting ``section 4002'';
            (4) by striking ``section 8002(b)'' each place it appears 
        and inserting ``section 4002(b)'';
            (5) by striking ``section 8003'' each place it appears and 
        inserting ``section 4003'', respectively;
            (6) by striking ``section 8003(a)'' each place it appears 
        and inserting ``section 4003(a)'';
            (7) by striking ``section 8003(a)(1)'' each place it 
        appears and inserting ``section 4003(a)(1)'';
            (8) by striking ``section 8003(a)(1)(C)'' each place it 
        appears and inserting ``section 4003(a)(1)(C)'';
            (9) by striking ``section 8002(a)(2)'' each place it 
        appears and inserting ``section 4002(a)(2)'';
            (10) by striking ``section 8003(b)'' each place it appears 
        and inserting ``section 4003(b)'';
            (11) by striking ``section 8003(b)(1)'' each place it 
        appears and inserting ``section 4003(b)(1)'';
            (12) in section 4002(b)(1)(C), by striking ``section 
        8003(b)(1)(C)'' and inserting ``section 4003(b)(1)(C)'';
            (13) in section 4002(j)(1) (as so redesignated), by 
        striking ``section 8013(5)(C)(iii)'' and inserting ``section 
        4013(5)(C)(iii)'';
            (14) in section 4005 (as so redesignated)--
                    (A) in the section heading, by striking ``8002 and 
                8003'' and inserting ``4002 and 4003'';
                    (B) by striking ``or 8003'' each place it appears 
                and inserting ``or 4003'';
                    (C) in subsection (b)(2), by striking ``section 
                8004'' and inserting ``section 4004''; and
                    (D) in subsection (d)(2), by striking ``section 
                8003(e)'' and inserting ``section 4003(e)'';
            (15) in section 4007(a)(3)(A)(i) (as so redesignated), by 
        striking ``section 8008(a)'' and inserting ``section 4008(a)'';
            (16) in section 4007(a)(4) (as so redesignated), by 
        striking ``section 8013(3)'' and inserting ``section 4013(3)''; 
        and
            (17) in section 4009 (as so redesignated)--
                    (A) in subsection (b)(1)--
                            (i) by striking ``or 8003(b)'' and 
                        inserting ``or 4003(b)'';
                            (ii) by striking ``section 8003(a)(2)(B)'' 
                        and inserting ``section 4003(a)(2)(B)''; and
                            (iii) by striking ``section 8003(b)(2)'' 
                        and inserting ``section 4003(b)(2)'';
                    (B) by striking ``section 8011(a)'' each place it 
                appears and inserting ``section 4011(a)''; and
            (18) in section 4010(c)(2)(D) (as so redesignated) by 
        striking ``section 8009(b)'' and inserting ``section 4009(b)''.

                  TITLE IV--TROOPS-TO-TEACHERS PROGRAM

SEC. 401. TROOPS-TO-TEACHERS PROGRAM.

    (a) Transfer of Functions.--The responsibility and authority for 
operation and administration of the Troops-to-Teachers Program is 
transferred from the Secretary of Education to the Secretary of 
Defense.
    (b) Enactment and Modification of Program Authority in Title 10, 
United States Code.--
            (1) In general.--Chapter 58 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1154. Assistance to eligible members to obtain employment as 
              teachers: troops-to-teachers program
    ``(a) Definitions.--In this section:
            ``(1) Program.--The term `Program' means the Troops-to-
        Teachers Program authorized by this section.
            ``(2) Charter school.--The term `charter school' has the 
        meaning given that term in section 5101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7221i).
            ``(3) Member of the armed forces.--The term `member of the 
        Armed Forces' includes a former member of the Armed Forces.
            ``(4) Additional terms.--The terms `elementary school', 
        `local educational agency', `secondary school', and `State' 
        have the meanings given those terms in section 5101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
    ``(b) Program Authorization.--The Secretary of Defense (in this 
section referred to as the `Secretary') may carry out a program (to be 
known as the `Troops-to-Teachers Program')--
            ``(1) to assist eligible members of the armed forces 
        described in subsection (c) to obtain certification or 
        licensing as elementary school teachers, secondary school 
        teachers, or career or technical teachers; and
            ``(2) to facilitate the employment of such members--
                    ``(A) by local educational agencies or public 
                charter schools that the Secretary of Education 
                identifies as--
                            ``(i) receiving grants under subpart 1 of 
                        part A of title I of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 6311 
                        et seq.) as a result of having within their 
                        jurisdictions concentrations of children from 
                        low-income families; or
                            ``(ii) experiencing a shortage of effective 
                        teachers, in particular a shortage of science, 
                        mathematics, special education, or career or 
                        technical teachers; and
                    ``(B) in elementary schools or secondary schools, 
                or as career or technical teachers.
    ``(c) Eligibility and Application Process.--
            ``(1) Eligible members.--The following members of the armed 
        forces are eligible for selection to participate in the 
        Program:
                    ``(A) Any member who--
                            ``(i) on or after October 1, 1999, becomes 
                        entitled to retired or retainer pay under this 
                        title or title 14;
                            ``(ii) has an approved date of retirement 
                        that is within one year after the date on which 
                        the member submits an application to 
                        participate in the Program; or
                            ``(iii) transfers to the Retired Reserve.
                    ``(B) Any member who, on or after January 8, 2002--
                            ``(i)(I) is separated or released from 
                        active duty after 6 or more years of continuous 
                        active duty immediately before the separation 
                        or release; or
                                    ``(II) has completed a total of at 
                                least ten years of active duty service, 
                                10 years of service computed under 
                                section 12732 of this title, or 10 
                                years of any combination of such 
                                service; and
                            ``(ii) executes a reserve commitment 
                        agreement for a period of not less than 3 years 
                        under paragraph (5)(B).
                    ``(C) Any member who, on or after January 8, 2002, 
                is retired or separated for physical disability under 
                chapter 61 of this title.
            ``(2) Submittal of applications.--(A) Selection of eligible 
        members of the armed forces to participate in the Program shall 
        be made on the basis of applications submitted to the 
        Secretary. An application shall be in such form as the 
        Secretary may require.
            ``(B) An application may be considered to be submitted on a 
        timely basis under subparagraph (A)(i), (B), or (C) of 
        paragraph (1) if the application is submitted not later than 4 
        years after the date on which the member is retired or 
        separated or released from active duty, whichever applies to 
        the member.
            ``(3) Selection criteria; educational background 
        requirements and honorable service requirement.--(A) Subject to 
        subparagraphs (B) and (C), the Secretary shall prescribe the 
        criteria to be used to select eligible members of the armed 
        forces to participate in the Program.
            ``(B)(i) If a member of the armed forces is applying for 
        assistance for placement as an elementary school or secondary 
        school teacher, the Secretary shall require the member to have 
        received a baccalaureate or advanced degree from an accredited 
        institution of higher education.
            ``(ii) If a member of the armed forces is applying for 
        assistance for placement as a career or technical teacher, the 
        Secretary shall require the member--
                    ``(I) to have received the equivalent of one year 
                of college from an accredited institution of higher 
                education or the equivalent in military education and 
                training as certified by the Department of Defense; or
                    ``(II) to otherwise meet the certification or 
                licensing requirements for a career or technical 
                teacher in the State in which the member seeks 
                assistance for placement under the Program.
            ``(iii) A member of the armed forces is eligible to 
        participate in the Program only if the member's last period of 
        service in the armed forces was honorable, as characterized by 
        the Secretary concerned. A member selected to participate in 
        the Program before the retirement of the member or the 
        separation or release of the member from active duty may 
        continue to participate in the Program after the retirement, 
        separation, or release only if the member's last period of 
        service is characterized as honorable by the Secretary 
        concerned.
            ``(4) Selection priorities.--In selecting eligible members 
        of the armed forces to receive assistance under the Program, 
        the Secretary shall give priority to members who--
                    ``(A) have educational or military experience in 
                science, mathematics, special education, or career and 
                technical subjects; and
                    ``(B) agree to seek employment as science, 
                mathematics, or special education teachers in 
                elementary schools or secondary schools or in other 
                schools under the jurisdiction of a local educational 
                agency.
            ``(5) Other conditions on selection.--(A) The Secretary may 
        not select an eligible member of the armed forces to 
        participate in the Program and receive financial assistance 
        unless the Secretary has sufficient appropriations for the 
        Program available at the time of the selection to satisfy the 
        obligations to be incurred by the United States under 
        subsection (d) with respect to the member.
            ``(B) The Secretary may not select an eligible member of 
        the armed forces described in paragraph (1)(B)(i) to 
        participate in the Program under this section and receive 
        financial assistance under subsection (d) unless the member 
        executes a written agreement to serve as a member of the 
        Selected Reserve of a reserve component of the armed forces for 
        a period of not less than 3 years (in addition to any other 
        reserve commitment the member may have).
    ``(d) Participation Agreement and Financial Assistance.--
            ``(1) Participation agreement.--(A) An eligible member of 
        the armed forces selected to participate in the Program under 
        subsection (c) and receive financial assistance under this 
        subsection shall be required to enter into an agreement with 
        the Secretary in which the member agrees--
                    ``(i) within such time as the Secretary may 
                require, to obtain certification or licensing as an 
                elementary school teacher, secondary school teacher, or 
                career and technical teacher; and
                    ``(ii) to accept an offer of full-time employment 
                beginning the school year after obtaining such 
                certification or licensing as an elementary school 
                teacher, secondary school teacher, or career and 
                technical teacher for not less than three school years 
                with a local educational agency receiving grants under 
                subpart 1 of part A of title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C.6311 et seq.) 
                or a public charter school.
            ``(B) The Secretary may waive the three-year commitment 
        described in subparagraph (A)(ii) for a participant if the 
        Secretary determines the waiver to be appropriate. If the 
        Secretary provides the waiver, the participant shall not be 
        considered to be in violation of the agreement and shall not be 
        required to provide reimbursement under subsection (e), for 
        failure to meet the three-year commitment.
            ``(2) Violation of participation agreement; exceptions.--A 
        participant in the Program shall not be considered to be in 
        violation of the participation agreement entered into under 
        paragraph (1) during any period in which the participant--
                    ``(A) is pursuing a full-time course of study 
                related to the field of teaching at an institution of 
                higher education;
                    ``(B) is serving on active duty as a member of the 
                armed forces;
                    ``(C) is temporarily totally disabled for a period 
                of time not to exceed 3 years as established by sworn 
                affidavit of a qualified physician;
                    ``(D) is unable to secure employment for a period 
                not to exceed 12 months by reason of the care required 
                by a spouse who is disabled;
                    ``(E) is an effective teacher who is seeking and 
                unable to find full-time employment as a teacher in an 
                elementary school or secondary school or as a career 
                and technical teacher for a single period not to exceed 
                27 months; or
                    ``(F) satisfies such other criteria as may be 
                prescribed by the Secretary.
            ``(3) Stipend for participants.--(A) Subject to 
        subparagraph (B), the Secretary may pay to a participant in the 
        Program selected under this section a stipend in an amount of 
        not more than $5,000.
            ``(B) The total number of stipends that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 5,000.
            ``(4) Bonus for participants.--(A) Subject to subparagraph 
        (B), the Secretary may, in lieu of paying a stipend under 
        paragraph (3), pay a bonus of $10,000 to a participant in the 
        Program selected under this section who agrees in the 
        participation agreement under paragraph (1) to accept full-time 
        employment as an elementary school teacher, secondary school 
        teacher, or career and technical teacher for not less than 3 
        school years in a high-need school.
            ``(B) The total number of bonuses that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 3,000.
            ``(C) For purposes of subparagraph (A), the term `high-need 
        school' means a public elementary school, public secondary 
        school, or public charter school that meets one or more of the 
        following criteria:
                    ``(i) At least 50 percent of the students enrolled 
                in the school were from low-income families (as 
                described in subsection (b)(2)(A)(i)).
                    ``(ii) The school has a large percentage of 
                students who qualify for assistance under part B of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1411 et seq.).
            ``(5) Treatment of stipend and bonus.--A stipend or bonus 
        paid under this subsection to a participant in the Program 
        shall be taken into account in determining the eligibility of 
        the participant for Federal student financial assistance 
        provided under title IV of the Higher Education Act of 1965 (20 
        U.S.C. 1070 et seq.).
    ``(e) Reimbursement Under Certain Circumstances.--
            ``(1) Reimbursement required.--A participant in the Program 
        who is paid a stipend or bonus under subsection (d) shall be 
        required to repay the stipend or bonus under the following 
        circumstances:
                    ``(A) The participant fails to obtain teacher 
                certification or licensing or to obtain employment as 
                an elementary school teacher, secondary school teacher, 
                or career and technical teacher as required by the 
                participation agreement under subsection (d)(1).
                    ``(B) The participant voluntarily leaves, or is 
                terminated for cause from, employment as an elementary 
                school teacher, secondary school teacher, or career and 
                technical teacher during the 3 years of required 
                service in violation of the participation agreement.
                    ``(C) The participant executed a written agreement 
                with the Secretary concerned under subsection (c)(5)(B) 
                to serve as a member of a reserve component of the 
                armed forces for a period of 3 years and fails to 
                complete the required term of service.
            ``(2) Amount of reimbursement.--A participant required to 
        reimburse the Secretary for a stipend or bonus paid to the 
        participant under subsection (d) shall pay an amount that bears 
        the same ratio to the amount of the stipend or bonus as the 
        unserved portion of required service bears to the three years 
        of required service. Any amount owed by the participant shall 
        bear interest at the rate equal to the highest rate being paid 
        by the United States on the day on which the reimbursement is 
        determined to be due for securities having maturities of 90 
        days or less and shall accrue from the day on which the 
        participant is first notified of the amount due.
            ``(3) Treatment of obligation.--The obligation to reimburse 
        the Secretary under this subsection is, for all purposes, a 
        debt owing the United States. A discharge in bankruptcy under 
        title 11 shall not release a participant from the obligation to 
        reimburse the Secretary under this subsection.
            ``(4) Exceptions to reimbursement requirement.--A 
        participant shall be excused from reimbursement under this 
        subsection if the participant becomes permanently totally 
        disabled as established by sworn affidavit of a qualified 
        physician. The Secretary may also waive the reimbursement in 
        cases of extreme hardship to the participant, as determined by 
        the Secretary.
    ``(f) Relationship to Educational Assistance Under Montgomery GI 
Bill.--The receipt by a participant in the Program of a stipend or 
bonus under this subsection (d) shall not reduce or otherwise affect 
the entitlement of the participant to any benefits under chapter 30 or 
33 of title 38 or chapter 1606 of this title.
    ``(g) Participation by States.--
            ``(1) Discharge of state activities through consortia of 
        states.--The Secretary may permit States participating in the 
        Program to carry out activities authorized for such States 
        under the Program through one or more consortia of such States.
            ``(2) Assistance to states.--(A) Subject to subparagraph 
        (B), the Secretary may make grants to States participating in 
        the Program, or to consortia of such States, in order to permit 
        such States or consortia of States to operate offices for 
        purposes of recruiting eligible members of the armed forces for 
        participation in the Program and facilitating the employment of 
        participants in the Program as elementary school teachers, 
        secondary school teachers, and career and technical teachers.
            ``(B) The total amount of grants made under subparagraph 
        (A) in any fiscal year may not exceed $5,000,000.
    ``(h) Counseling and Referral Services.--The Secretary may provide 
counseling and referral services to members of the Armed Forces who 
meet the criteria described in subsection (c), including those members 
who are not eligible for assistance under paragraphs (3) and (4) of 
subsection (d).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 58 of such title is amended by adding at 
        the end the following new item:

``1154. Assistance to eligible members to obtain employment as 
                            teachers: Troops-to-Teachers Program.''.
            (3) Conforming amendment.--Section 1142(b)(4)(C) of such 
        title is amended by striking ``under sections 1152 and 1153 of 
        this title and the Troops-to-Teachers Program under section 
        2302 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6672)'' and inserting ``under sections 1152, 1153, and 
        1154 of this title''.

                            TITLE V--REPEAL

SEC. 501. REPEAL OF TITLE VI.

    The Act is amended by striking title VI (20 U.S.C. 7301 et seq.).

                      TITLE VI--HOMELESS EDUCATION

SEC. 601. STATEMENT OF POLICY.

    Section 721 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11431) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) In any State where compulsory residency requirements 
        or other requirements, laws, regulations, practices, or 
        policies may act as a barrier to the identification, 
        enrollment, attendance, or success in school of homeless 
        children and youths, the State and local educational agencies 
        will review and undertake steps to revise such laws, 
        regulations, practices, or policies to ensure that homeless 
        children and youths are afforded the same free, appropriate 
        public education as is provided to other children and 
        youths.'';
            (2) in paragraph (3), by striking ``alone''; and
            (3) in paragraph (4), by striking ``challenging State 
        student academic achievement'' and inserting ``State 
        academic''.

SEC. 602. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTHS.

    Section 722 of such Act (42 U.S.C. 11432) is amended--
            (1) in subsection (a), by striking ``(g).'' and inserting 
        ``(h).'';
            (2) by striking subsection (b);
            (3) in subsection (c)--
                    (A) in paragraph (1)(A)--
                            (i) in clause (i), by adding ``or'' at the 
                        end;
                            (ii) in clause (ii), by striking ``; or'' a 
                        the end and inserting a period; and
                            (iii) by striking clause (iii); and
                    (B) by striking paragraph (3);
            (4) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Grants'' and inserting ``Grant funds from a 
                grant made to a State'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) To provide services and activities to improve the 
        identification of homeless children (including preschool-aged 
        homeless children and youths) that enable such children and 
        youths to enroll in, attend, and succeed in school, or, if 
        appropriate, in preschool programs.'';
                    (C) in paragraph (3), by inserting before the 
                period at the end the following: ``that can 
                sufficiently carry out the duties described in this 
                subtitle'';
                    (D) by amending paragraph (5) to read as follows:
            ``(5) To develop and implement professional development 
        programs for liaisons designated under subsection (g)(1)(J)(ii) 
        and other local educational agency personnel--
                    ``(A) to improve their identification of homeless 
                children and youths; and
                    ``(B) to heighten their awareness of, and capacity 
                to respond to, specific needs in the education of 
                homeless children and youths.''.
            (5) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``sums'' and inserting 
                        ``grant funds''; and
                            (ii) by inserting ``a State under 
                        subsection (a) to'' after ``each year to'';
                    (B) in paragraph (2), by striking ``funds made 
                available for State use under this subtitle'' and 
                inserting ``the grant funds remaining after the State 
                educational agency distributes subgrants under 
                paragraph (1)''; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (C)(iv)(II), by 
                        striking ``sections 1111 and 1116'' and 
                        inserting ``section 1111'';
                            (ii) in subparagraph (F)--
                                    (I) in clause (i)--
                                            (aa) in the matter 
                                        preceding subclause (I), by 
                                        striking ``a report'' and 
                                        inserting ``an annual report'';
                                            (bb) by striking ``and'' at 
                                        the end of subclause (II);
                                            (cc) by striking the period 
                                        at the end of subclause (III) 
                                        and inserting ``; and''; and
                                            (dd) by adding at the end 
                                        the following:
                                    ``(IV) the progress the separate 
                                schools are making in helping all 
                                students meet the State academic 
                                standards.''; and
                                    (II) in clause (iii), by striking 
                                ``Not later than 2 years after the date 
                                of enactment of the McKinney-Vento 
                                Homeless Education Assistance 
                                Improvements Act of 2001, the'' and 
                                inserting ``The'';
            (6) by amending subsection (f) to read as follows:
    ``(f) Functions of the Office of Coordinator.--The Coordinator for 
Education of Homeless Children and Youths established in each State 
shall--
            ``(1) gather and make publically available reliable, valid, 
        and comprehensive information on--
                    ``(A) the number of homeless children and youths 
                identified in the State, posted annually on the State 
                educational agency's website;
                    ``(B) the nature and extent of the problems 
                homeless children and youths have in gaining access to 
                public preschool programs and to public elementary 
                schools and secondary schools;
                    ``(C) the difficulties in identifying the special 
                needs and barriers to the participation and achievement 
                of such children and youths;
                    ``(D) any progress made by the State educational 
                agency and local educational agencies in the State in 
                addressing such problems and difficulties; and
                    ``(E) the success of the programs under this 
                subtitle in identifying homeless children and youths 
                and allowing such children and youths to enroll in, 
                attend, and succeed in, school;
            ``(2) develop and carry out the State plan described in 
        subsection (g);
            ``(3) collect data for and transmit to the Secretary, at 
        such time and in such manner as the Secretary may require, a 
        report containing information necessary to assess the 
        educational needs of homeless children and youths within the 
        State, including data necessary for the Secretary to fulfill 
        the responsibilities under section 724(h);
            ``(4) in order to improve the provision of comprehensive 
        education and related support services to homeless children and 
        youths and their families, coordinate and collaborate with--
                    ``(A) educators, including teachers, special 
                education personnel, administrators, and child 
                development and preschool program personnel;
                    ``(B) providers of services to homeless children 
                and youths and their families, including services of 
                public and private child welfare and social services 
                agencies, law enforcement agencies, juvenile and family 
                courts, agencies providing mental health services, 
                domestic violence agencies, child care providers, 
                runaway and homeless youth centers, and providers of 
                services and programs funded under the Runaway and 
                Homeless Youth Act (42 U.S.C. 5701 et seq.);
                    ``(C) providers of emergency, transitional, and 
                permanent housing to homeless children and youths, and 
                their families, including public housing agencies, 
                shelter operators, operators of transitional housing 
                facilities, and providers of transitional living 
                programs for homeless youths;
                    ``(D) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for homeless children 
                and youths; and
                    ``(E) community organizations and groups 
                representing homeless children and youths and their 
                families;
            ``(5) provide technical assistance to local educational 
        agencies, in coordination with local educational agency 
        liaisons designated under subsection (g)(1)(J)(ii), to ensure 
        that local educational agencies comply with the requirements of 
        subsection (e)(3), paragraphs (3) through (7) of subsection 
        (g), and subsection (h);
            ``(6) provide professional development opportunities for 
        local educational agency personnel and the homeless liaison 
        designated under subsection (g)(1)(J)(ii) to assist such 
        personnel in meeting the needs of homeless children and youths; 
        and
            ``(7) respond to inquiries from parents and guardians of 
        homeless children and youths and unaccompanied youths to ensure 
        that each child or youth who is the subject of such an inquiry 
        receives the full protections and services provided by this 
        subtitle.'';
            (7) by amending subsection (g) to read as follows:
    ``(g) State Plan.--
            ``(1) In general.--In order to be eligible to receive a 
        grant under this section, each State educational agency shall 
        submit to the Secretary a plan to provide for the education of 
        homeless children and youths within the State that includes the 
        following:
                    ``(A) A description of how such children and youths 
                are (or will be) given the opportunity to meet the same 
                State academic standards that all students are expected 
                to meet.
                    ``(B) A description of the procedures the State 
                educational agency will use to identify such children 
                and youths in the State and to assess their needs.
                    ``(C) A description of procedures for the prompt 
                resolution of disputes regarding the educational 
                placement of homeless children and youths.
                    ``(D) A description of programs for school 
                personnel (including liaisons, school leaders, 
                attendance officers, teachers, enrollment personnel, 
                and specialized instructional support personnel) to 
                heighten the awareness of such personnel of the 
                specific needs of homeless adolescents, including 
                runaway and homeless youths.
                    ``(E) A description of procedures that ensure that 
                homeless children and youths who meet the relevant 
                eligibility criteria are able to participate in 
                Federal, State, or local nutrition programs.
                    ``(F) A description of procedures that ensure 
                that--
                            ``(i) homeless children have equal access 
                        to public preschool programs, administered by 
                        the State educational agency or local 
                        educational agency, as provided to other 
                        children in the State;
                            ``(ii) homeless youths and youths separated 
                        from public schools are identified and accorded 
                        equal access to appropriate secondary education 
                        and support services; and
                            ``(iii) homeless children and youth who 
                        meet the relevant eligibility criteria are able 
                        to participate in Federal, State, or local 
                        education programs.
                    ``(G) Strategies to address problems identified in 
                the report provided to the Secretary under subsection 
                (f)(3).
                    ``(H) Strategies to address other problems with 
                respect to the education of homeless children and 
                youths, including problems resulting from enrollment 
                delays that are caused by--
                            ``(i) immunization and other health records 
                        requirements;
                            ``(ii) residency requirements;
                            ``(iii) lack of birth certificates, school 
                        records, or other documentation;
                            ``(iv) guardianship issues; or
                            ``(v) uniform or dress code requirements.
                    ``(I) A demonstration that the State educational 
                agency and local educational agencies in the State have 
                developed, and shall review and revise, polices to 
                remove barriers to the identification, enrollment, and 
                retention of homeless children and youths in schools in 
                the State.
                    ``(J) Assurances that the following will be carried 
                out:
                            ``(i) The State educational agency and 
                        local educational agencies in the State will 
                        adopt policies and practices to ensure that 
                        homeless children and youths are not 
                        stigmatized or segregated on the basis of their 
                        status as homeless.
                            ``(ii) Local educational agencies will 
                        designate an appropriate staff person, who may 
                        also be a coordinator for other Federal 
                        programs, as a local educational agency liaison 
                        for homeless children and youths, to carry out 
                        the duties described in paragraph (6)(A).
                            ``(iii) The State and its local educational 
                        agencies will adopt policies and practices to 
                        ensure that transportation is provided, at the 
                        request of the parent or guardian (or in the 
                        case of an unaccompanied youth, the liaison), 
                        to and from the school of origin, as determined 
                        in paragraph (3)(A), in accordance with the 
                        following, as applicable:
                                    ``(I) If the child or youth 
                                continues to live in the area served by 
                                the local educational agency in which 
                                the school of origin is located, the 
                                child's or youth's transportation to 
                                and from the school of origin shall be 
                                provided or arranged by the local 
                                educational agency in which the school 
                                of origin is located.
                                    ``(II) If the child's or youth's 
                                living arrangements in the area served 
                                by the local educational agency of 
                                origin terminate and the child or 
                                youth, though continuing his or her 
                                education in the school of origin, 
                                begins living in an area served by 
                                another local educational agency, the 
                                local educational agency of origin and 
                                the local educational agency in which 
                                the child or youth is living shall 
                                agree upon a method to apportion the 
                                responsibility and costs for providing 
                                the child with transportation to and 
                                from the school of origin. If the local 
                                educational agencies are unable to 
                                agree upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared equally.
            ``(2) Compliance.--
                    ``(A) In general.--Each plan adopted under this 
                subsection shall also describe how the State will 
                ensure that local educational agencies in the State 
                will comply with the requirements of paragraphs (3) 
                through (7).
                    ``(B) Coordination.--Such plan shall indicate what 
                technical assistance the State will furnish to local 
                educational agencies and how compliance efforts will be 
                coordinated with the local educational agency liaisons 
                designated under paragraph (1)(J)(ii).
            ``(3) Local educational agency requirements.--
                    ``(A) In general.--The local educational agency 
                serving each child or youth to be assisted under this 
                subtitle shall, according to the child's or youth's 
                best interest--
                            ``(i) continue the child's or youth's 
                        education in the school of origin for the 
                        duration of homelessness--
                                    ``(I) in any case in which a family 
                                becomes homeless between academic years 
                                or during an academic year; or
                                    ``(II) for the remainder of the 
                                academic year, if the child or youth 
                                becomes permanently housed during an 
                                academic year; or
                            ``(ii) enroll the child or youth in any 
                        public school that nonhomeless students who 
                        live in the attendance area in which the child 
                        or youth is actually living are eligible to 
                        attend.
                    ``(B) School stability.--In determining the best 
                interest of the child or youth under subparagraph (A), 
                the local educational agency shall--
                            ``(i) presume that keeping the child or 
                        youth in the school of origin is in the child 
                        or youth's best interest, except when doing so 
                        is contrary to the wishes of the child's or 
                        youth's parent or guardian, or the 
                        unaccompanied youth;
                            ``(ii) consider student-centered factors 
                        related to the child's or youth's best 
                        interest, including factors related to the 
                        impact of mobility on achievement, education, 
                        health, and safety of homeless children and 
                        youth, giving priority to the wishes of the 
                        homeless child's or youth's parent of guardian 
                        or the unaccompanied youth involved;
                            ``(iii) if, after conducting the best 
                        interest determination based on consideration 
                        of the presumption in clause (i) and the 
                        student-centered factors in clause (ii), the 
                        local educational agency determines that it is 
                        not in the child's or youth's best interest to 
                        attend the school of origin or the school 
                        requested by the parent, guardian, or 
                        unaccompanied youth, provide the child's or 
                        youth's parent or guardian or the unaccompanied 
                        youth with a written explanation of the reasons 
                        for its determination, in a manner and form 
                        understandable to such parent, guardian, or 
                        unaccompanied youth, including information 
                        regarding the right to appeal under 
                        subparagraph (E); and
                            ``(iv) in the case of an unaccompanied 
                        youth, ensure that the homeless liaison 
                        designated under paragraph (1)(J)(ii) assists 
                        in placement or enrollment decisions under this 
                        subparagraph, gives priority to the views of 
                        such unaccompanied youth, and provides notice 
                        to such youth of the right to appeal under 
                        subparagraph (E).
                    ``(C) Enrollment.--
                            ``(i) In general.--The school selected in 
                        accordance with this paragraph shall 
                        immediately enroll the homeless child or youth, 
                        even if the child or youth--
                                    ``(I) is unable to produce records 
                                normally required for enrollment, such 
                                as previous academic records, records 
                                of immunization and other required 
                                health records, proof of residency, or 
                                other documentation; or
                                    ``(II) has missed application or 
                                enrollment deadlines during any period 
                                of homelessness.
                            ``(ii) Relevant academic records.--The 
                        enrolling school shall immediately contact the 
                        school last attended by the child or youth to 
                        obtain relevant academic and other records.
                            ``(iii) Relevant health records.--If the 
                        child or youth needs to obtain immunizations or 
                        other required health records, the enrolling 
                        school shall immediately refer the parent or 
                        guardian of the child or youth, or the 
                        unaccompanied child or youth, to the local 
                        educational agency liaison designated under 
                        paragraph (1)(J)(ii), who shall assist in 
                        obtaining necessary immunizations or 
                        screenings, or immunization or other required 
                        health records, in accordance with subparagraph 
                        (D).
                            ``(iv) No liability.--Whenever the school 
                        selected enrolls an unaccompanied youth in 
                        accordance with this paragraph, no liability 
                        shall be imposed upon the school by reason of 
                        enrolling the youth without parent or guardian 
                        consent.
                    ``(D) Records.--Any record ordinarily kept by the 
                school, including immunization or other required health 
                records, academic records, birth certificates, 
                guardianship records, and evaluations for special 
                services or programs, regarding each homeless child or 
                youth shall be maintained--
                            ``(i) so that the records involved are 
                        available, in a timely fashion, when a child or 
                        youth enters a new school or school district; 
                        and
                            ``(ii) in a manner consistent with section 
                        444 of the General Education Provisions Act (20 
                        U.S.C. 1232g).
                    ``(E) Enrollment disputes.--If a dispute arises 
                over school selection or enrollment in a school--
                            ``(i) the child or youth shall be 
                        immediately enrolled in the school in which 
                        enrollment is sought, pending final resolution 
                        of the dispute, including all available 
                        appeals;
                            ``(ii) the parent, guardian, or 
                        unaccompanied youth shall be provided with a 
                        written explanation of any decisions made by 
                        the school, the local educational agency, or 
                        the State educational agency involved, 
                        including the rights of the parent, guardian, 
                        or youth to appeal such decisions;
                            ``(iii) the parent, guardian, or 
                        unaccompanied youth shall be referred to the 
                        local educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall carry out 
                        the dispute resolution process as described in 
                        paragraph (1)(C) as expeditiously as possible 
                        after receiving notice of the dispute; and
                            ``(iv) in the case of an unaccompanied 
                        youth, the liaison shall ensure that the youth 
                        is immediately enrolled in school in which the 
                        youth seeks enrollment pending resolution of 
                        such dispute.
                    ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth lives with the homeless parents or has been 
                temporarily placed elsewhere.
                    ``(G) School of origin defined.--
                            ``(i) In general.--In this paragraph, the 
                        term `school of origin' means the school that a 
                        child or youth attended when permanently housed 
                        or the school in which the child or youth was 
                        last enrolled.
                            ``(ii) Receiving school.--When the child or 
                        youth completes the final grade level served by 
                        the school of origin, as described in clause 
                        (i), the term ``school of origin'' shall 
                        include the designated receiving school at the 
                        next grade level for all feeder schools.
                    ``(H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational agency from 
                requiring a parent or guardian of a homeless child to 
                submit contact information.
                    ``(I) Privacy.--Information about a homeless 
                child's or youth's living situation shall be treated as 
                a student education record under section 444 of the 
                General Education Provisions Act (20 U.S.C. 1232g) and 
                shall not be released to housing providers, employers, 
                law enforcement personnel, or other persons or agencies 
                not authorized to have such information under section 
                99.31 of title 34, Code of Federal Regulations.
                    ``(J) Academic achievement.--The school selected in 
                accordance with this paragraph shall ensure that 
                homeless children and youth have opportunities to meet 
                the same State academic standards to which other 
                students are held.
            ``(4) Comparable services.--Each homeless child or youth to 
        be assisted under this subtitle shall be provided services 
        comparable to services offered to other students in the school 
        selected under paragraph (3), including the following:
                    ``(A) Transportation services.
                    ``(B) Educational services for which the child or 
                youth meets the eligibility criteria, such as services 
                provided under title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.) or 
                similar State or local programs, educational programs 
                for children with disabilities, and educational 
                programs for English learners.
                    ``(C) Programs in career and technical education.
                    ``(D) Programs for gifted and talented students.
                    ``(E) School nutrition programs.
            ``(5) Coordination.--
                    ``(A) In general.--Each local educational agency 
                serving homeless children and youths that receives 
                assistance under this subtitle shall coordinate--
                            ``(i) the provision of services under this 
                        subtitle with local social services agencies 
                        and other agencies or entities providing 
                        services to homeless children and youths and 
                        their families, including services and programs 
                        funded under the Runaway and Homeless Youth Act 
                        (42 U.S.C. 5701 et seq.); and
                            ``(ii) transportation, transfer of school 
                        records, and other interdistrict activities, 
                        with other local educational agencies.
                    ``(B) Housing assistance.--If applicable, each 
                State educational agency and local educational agency 
                that receives assistance under this subtitle shall 
                coordinate with State and local housing agencies 
                responsible for developing the comprehensive housing 
                affordability strategy described in section 105 of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 12705) to minimize educational disruption for 
                children and youths who become homeless.
                    ``(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall be 
                designed to--
                            ``(i) ensure that all homeless children and 
                        youths are promptly identified;
                            ``(ii) ensure that homeless children and 
                        youths have access to, and are in reasonable 
                        proximity to, available education and related 
                        support services; and
                            ``(iii) raise the awareness of school 
                        personnel and service providers of the effects 
                        of short-term stays in a shelter and other 
                        challenges associated with homelessness.
                    ``(D) Homeless children and youths with 
                disabilities.--For children and youth who are to be 
                assisted both under this subtitle, and under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.) or section 504 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 794), each local educational agency 
                shall coordinate the provision of services under this 
                subtitle with the provision of programs for children 
                with disabilities served by that local educational 
                agency and other involved local educational agencies.
            ``(6) Local educational agency liaison.--
                    ``(A) Duties.--Each local educational agency 
                liaison for homeless children and youths, designated 
                under paragraph (1)(J)(ii), shall ensure that--
                            ``(i) homeless children and youths are 
                        identified by school personnel through outreach 
                        and coordination activities with other entities 
                        and agencies;
                            ``(ii) homeless children and youths are 
                        enrolled in, and have a full and equal 
                        opportunity to succeed in, schools of that 
                        local educational agency;
                            ``(iii) homeless families, children, and 
                        youths have access to and receive educational 
                        services for which such families, children, and 
                        youths are eligible, including services through 
                        Head Start, Early Head Start, early 
                        intervention, and preschool programs 
                        administered by the local educational agency;
                            ``(iv) homeless families, children, and 
                        youths receive referrals to health care 
                        services, dental services, mental health and 
                        substances abuse services, housing services, 
                        and other appropriate services;
                            ``(v) the parents or guardians of homeless 
                        children and youths are informed of the 
                        educational and related opportunities available 
                        to their children and are provided with 
                        meaningful opportunities to participate in the 
                        education of their children;
                            ``(vi) public notice of the educational 
                        rights of homeless children and youths is 
                        disseminated in locations frequented by parents 
                        or guardians of such children and youths, and 
                        unaccompanied youths, including schools, 
                        shelters, public libraries, and soup kitchens 
                        in a manner and form understandable to the 
                        parents and guardians of homeless children and 
                        youths, and unaccompanied youths;
                            ``(vii) enrollment disputes are mediated in 
                        accordance with paragraph (3)(E);
                            ``(viii) the parent or guardian of a 
                        homeless child or youth, and any unaccompanied 
                        youth, is fully informed of all transportation 
                        services, including transportation to the 
                        school of origin, as described in paragraph 
                        (1)(J)(iii), and is assisted in accessing 
                        transportation to the school that is selected 
                        under paragraph (3)(A);
                            ``(ix) school personnel providing services 
                        under this subtitle receive professional 
                        development and other support; and
                            ``(x) unaccompanied youths--
                                    ``(I) are enrolled in school;
                                    ``(II) have opportunities to meet 
                                the same State academic standards to 
                                which other students are held, 
                                including through implementation of the 
                                policies and practices required by 
                                paragraph (1)(F)(ii); and
                                    ``(III) are informed of their 
                                status as independent students under 
                                section 480 of the Higher Education Act 
                                of 1965 (20 U.S.C. 1087vv) and receive 
                                verification of such status for 
                                purposes of the Free Application for 
                                Federal Student Aid described in 
                                section 483 of such Act (20 U.S.C. 
                                1090).
                    ``(B) Notice.--State coordinators established under 
                subsection (d)(3) and local educational agencies shall 
                inform school personnel, service providers, advocates 
                working with homeless families, parents and guardians 
                of homeless children and youths, and homeless children 
                and youths of the duties of the local educational 
                agency liaisons, including publishing an annually 
                updated list of the liaisons on the State educational 
                agency's website.
                    ``(C) Local and state coordination.--Local 
                educational agency liaisons for homeless children and 
                youths shall, as a part of their duties, coordinate and 
                collaborate with State coordinators and community and 
                school personnel responsible for the provision of 
                education and related services to homeless children and 
                youths. Such coordination shall include collecting and 
                providing to the State Coordinator the reliable, valid, 
                and comprehensive data needed to meet the requirements 
                of paragraphs (1) and (3) of subsection (f).
            ``(7) Review and revisions.--
                    ``(A) In general.--Each State educational agency 
                and local educational agency that receives assistance 
                under this subtitle shall review and revise any 
                policies that may act as barriers to the enrollment of 
                homeless children and youths in schools that are 
                selected under paragraph (3).
                    ``(B) Consideration.--In reviewing and revising 
                such policies, consideration shall be given to issues 
                concerning transportation, immunization, residency, 
                birth certificates, school records and other 
                documentation, and guardianship.
                    ``(C) Special attention.--Special attention shall 
                be given to ensuring the enrollment and attendance of 
                homeless children and youths who are not currently 
                attending school.''; and
            (8) in subsection (h)(1)(A), by striking ``fiscal year 
        2009,'' and inserting ``fiscal years 2013 through 2018,''.

SEC. 603. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTHS.

    Section 723 of such Act (42 U.S.C. 11433) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``facilitating 
                the enrollment,'' and inserting ``facilitating the 
                identification, enrollment,'';
                    (B) in paragraph (2)(A)--
                            (i) by adding ``and'' at the end of clause 
                        (i);
                            (ii) by striking ``; and'' and inserting a 
                        period at the end of clause (ii); and
                            (iii) by striking clause (iii); and
                    (C) by adding at the end the following:
            ``(4) Duration of grants.--Subgrants awarded under this 
        section shall be for terms of not to exceed 3 years.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (3) and redesignating 
                paragraphs (4) and (5) as paragraphs (3) and (4), 
                respectively; and
                    (B) by adding at the end the following:
            ``(5) An assurance that the local educational agency will 
        collect and promptly provide data requested by the State 
        Coordinator pursuant to paragraphs (1) and (3) of section 
        722(f).
            ``(6) An assurance that the local educational agency has 
        removed barriers to complying with the requirements of section 
        722(g)(1)(I).'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``726'' and 
                inserting ``722(a)'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``identification,'' before ``enrollment'';
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) The extent to which the application reflects 
                coordination with other local and State agencies that 
                serve homeless children and youths.''; and
                            (iii) in subparagraph (C), by inserting 
                        ``(as of the date of submission of the 
                        application)'' after ``current practice'';
                    (C) in paragraph (3)--
                            (i) by amending subparagraph (C) to read as 
                        follows:
                    ``(C) The extent to which the applicant will 
                promote meaningful involvement of parents or guardians 
                of homeless children or youths in the education of 
                their children.'';
                            (ii) in subparagraph (D), by striking 
                        ``within'' and inserting ``into'';
                            (iii) in subparagraph (G)--
                                    (I) by striking ``Such'' and 
                                inserting ``The extent to which the 
                                applicant's program meets such''; and
                                    (II) by striking ``case management 
                                or related'';
                            (iv) by redesignating subparagraph (G) as 
                        subparagraph (I) and inserting after 
                        subparagraph (F) the following:
                    ``(G) The extent to which the local educational 
                agency will use the subgrant to leverage resources, 
                including by maximizing nonsubgrant funding for the 
                position of the liaison described in section 
                722(g)(1)(J)(ii) and the provision of transportation.
                    ``(H) How the local educational agency uses funds 
                to serve homeless children and youths under section 
                1113(c)(3) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
                            (v) by adding at the end the following:
                    ``(J) An assurance that the applicant will meet the 
                requirements of section 722(g)(3).''; and
                    (D) by striking paragraph (4).
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``challenging State 
                        academic content standards'' and inserting 
                        ``State academic standards''; and
                            (ii) by striking ``and challenging State 
                        student academic achievement standards'';
                    (B) in paragraph (2)--
                            (i) by striking ``students with limited 
                        English proficiency,'' and inserting ``English 
                        learners,'' ; and
                            (ii) by striking ``vocational'' and 
                        inserting ``career'';
                    (C) in paragraph (3), by striking ``pupil 
                services'' and inserting ``specialized instructional 
                support'';
                    (D) in paragraph (7), by striking ``, and 
                unaccompanied youths,'' and inserting ``, particularly 
                homeless children and youths who are not enrolled in 
                school,'';
                    (E) in paragraph (9) by striking ``medical'' and 
                inserting ``other required health'';
                    (F) in paragraph (10), by inserting before the 
                period at the end ``, and other activities designed to 
                increase the meaningful involvement of parents or 
                guardians of homeless children or youths in the 
                education of their children'';
                    (G) in paragraph (12), by striking ``pupil'' and 
                inserting ``specialized instructional support''; and
                    (H) in paragraph (13), by inserting before the 
                period at the end ``and parental mental health or 
                substance abuse problems''.

SEC. 604. SECRETARIAL RESPONSIBILITIES.

    Section 724 of such Act (42 U.S.C. 11434) is amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) Notice.--
            ``(1) In general.--The Secretary shall, before the next 
        school year that begins after the date of the enactment of the 
        Encouraging Innovation and Effective Teachers Act, update and 
        disseminate nationwide the public notice described in this 
        subsection (as in effect prior to such date) of the educational 
        rights of homeless children and youths.
            ``(2) Dissemination.--The Secretary shall disseminate the 
        notice nationally to all Federal agencies, program grantees, 
        and grant recipients serving homeless families, children, and 
        youths.'';
            (2) in subsection (d), by striking ``and dissemination'' 
        and inserting ``, dissemination, and technical assistance'';
            (3) in subsection (e)--
                    (A) by striking ``this subtitle'' and inserting 
                ``section 722'';
                    (B) by striking ``60-day'' and inserting ``120-
                day''; and
                    (C) by striking ``120-day'' and inserting ``180-
                day'';
            (4) in subsection (f), by adding at the end the following: 
        ``The Secretary shall provide support and technical assistance 
        to State educational agencies in areas in which barriers to a 
        free appropriate public education persist.'';
            (5) by amending subsection (g) to read as follows:
    ``(g) Guidelines.--The Secretary shall develop, issue, and publish 
in the Federal Register, not later than 60 days after the date of the 
enactment of the Encouraging Innovation and Effective Teachers Act, 
strategies by which a State--
            ``(1) may assist local educational agencies to implement 
        the provisions amended by the Act; and
            ``(2) can review and revise State policies and procedures 
        that may present barriers to the identification, enrollment, 
        attendance, and success of homeless children and youths in 
        school.'';
            (6) in subsection (h)(1)(A), by inserting ``in all areas 
        served by local educational agencies'' before the semicolon at 
        the end; and
            (7) in subsection (i), by striking ``McKinney-Vento 
        Homeless Education Assistance Improvements Act of 2001'' and 
        inserting ``Encouraging Innovation and Effective Teachers 
        Act''.

SEC. 605. DEFINITIONS.

    Section 725 of such Act (42 U.S.C. 11434a) is amended--
            (1) in paragraph (2)(B)(iv), by striking ``1309'' and 
        inserting ``1139'' and
            (2) in paragraph (3), by striking ``9101'' and inserting 
        ``5101''

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

    Section 726 of such Act (42 U.S.C. 11435) is amended to read as 
follows:

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--For the purpose of carrying out this subtitle, 
there are authorized to be appropriated $65,173,000 for fiscal year 
2013.
    ``(b) Out Years.--The amount authorized under subsection (a) shall 
be increased for each of fiscal years 2014 through 2018 by a percentage 
equal to the percentage of inflation according to the Consumer Price 
Index, for the calendar year ending prior to the beginning of that 
fiscal year.''.
                                                 Union Calendar No. 321

112th CONGRESS

  2d Session

                               H. R. 3990

                      [Report No. 112-459, Part I]

_______________________________________________________________________

                                 A BILL

To encourage effective teachers in the classrooms of the United States 
       and innovative education programs in our Nation's schools.

_______________________________________________________________________

                             April 27, 2012

  Reported from the Committee on Education and the Workforce with an 
                               amendment

                             April 27, 2012

  The Committees on Armed Services and Financial Services discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed